Changing AST from joint to single

[rupert206]

Hi all,

I had a periodic AST with my tenants in a joint name. Recently the tenant has split up with her partner and has requested a new tenancy agreement to be drawn up in a single name.

Is this necessary or can the existing periodic agreement continue?

If it is necessary, do I need to go through the whole referencing, and guarantor checks again? (Her mother is currently the guarantor and the deposit is solely in her name)

Does the deposit need to be returned to her before a new agreement is setup even though it is already in her name?

And lastly who foots the cost of all this?

Thanks in advance.

[theartfullodger]

All existing joint tenants must surrender current tenancy then establish a new sole tenancy for that.

But I'd do nothing - you currently have two people to sue for rent, why reduce chances of getting money? Judy because one person goes doesn't end their liability under the contract.

Much much less paperwork

[AndrewDod]

As above -- has the departing tenant given formal notice -- not only shouldn't you do it, but you are not allowed to alter anything at all until that happens.

What cost to be footed?

Necessary to go through what checks for what purpose?

If you understand that Tenant A+B is a totally different tenant to tenant B (it might as well be Smith and Weston and the new tenant is Mr Higgenpottle) then you will understand what you need to do.

[cymro123]

Good advice above - I would do nothing until one of the tenants serves a valid notice to quit then start the entire process as though the remaining tenant has just viewed your property and expressed an interest in renting your property (hint their circumstances may have changed radically since the start of the original tenancy so take nothing for granted). Make sure you collect the keys from the departing tenant on the last day of the ending tenancy.

[rupert206]

Thanks for all the responses so far. Appreciated. So the tenant who is currently living at the property has asked me that she wants a new ast in sole name as she is no longer with partner.

Do i tell her that i need a written letter from her partner who is no longer at the property? Once i receive this then i should proceed further, until then i should take no further action?

[theartfullodger]

Both leave property, return keys, sign deed of surrender.

All end of tenancy stuff .- inventory, return deposit etc etc.
She signs new AST. All new paperwork - inventory, deposit, how to rent, EPC, GSC, photos etc etc

Don't do it. Do nothing. You don't have to agree to her request

[Echoes]

Hi I just came across this situation myself as a landlod and I am still not clear about it. My tenants are really good and never had any issues with anything. Theya re spliting up. She wants to stay (and she is capable of paying rent herself) but her partner is moving out. We have written information about this matter from her. If I get this 'moving out' notice from her partner, what are the easiest option to move forward and keep the AST only on her name? Because as theartfullodger says, do the whole process which would take time and money and stress to both parties. Thank you

[jpkeates]

In a joint tenancy, there is really only one tenant (who is all of the people listed as tenants on the tenancy agreement).
During any fixed term all of the joint tenants have to serve notice to end the tenancy, in a periodic tenancy, only one of the joint tenants can serve notice which ends the tenancy for everyone.

You can agree with the remaining tenant that you're happy with that a new tenancy can start when the other one has ended, and there's nothing to stop an agreement being signed before the other tenancy ends so everyone is comfortable.

But it's a good idea to make a clear and clean break.
It avoids any confusion with the deposit and its protection, and there are lots of things that need to be done at the start of a new tenancy that are important for a landlord to get right.
All the stuff from checking the smoke alarms to giving the right documents.

Getting basic stuff wrong can cause huge stress later on.

[theartfullodger]

A moving out notice means (probably) nothing legally. But a formal "notice to quit" from either tenant will end tenancy, but then if either stays it gets very messy.

Really the easiest thing to do is do nothing, unless either tenant gives formal notice to quit. Less paperwork! More people to sue if rent ain't paid!

[Echoes]

Thank you so much for the information. The tenancy started on 15th of dec 2017 for an year contract and now its a periodic tenancy. So from this informaiton, I should end the tenancy with the couple, give deposite etc and draw up a new tenancy with the her ( who is staying) and complete the whole process as a fresh start. Should I tie up end date with the start of the tenancy, right? (Which would be 14th of Feb or 14th Mar.) She did not menton whether she might stay longer (because of the higher rent liability fo herself) and If she decides to move out in few months time, should I do this whole process? I know I need to confirm with her first before I do any precess but I just want to gather as much informaiton as I can before I can suggest anything to her when she asks. She seems happy with keeping her partner's name while staying but I am not sure that is a good idea so I prefer to have a new start.

[jpkeates]

To be honest, you're in her hands a little.
Your notice is a minimum of six months and doesn't actually end the tenancy, so it won't be very useful.

Her notice would need to be a minimum of a month ending on the 14th of the month.
So any new tenancy would start on the 15th of the month.

So if she served notice today, it would end on 14th March.

If she's happy with the same tenancy agreement, I wouldn't change anything.
The only risk is that her ex serves notice themselves to end their own involvement.

[Berlingogirl]

I'd try and leave it with both on the tenancy agreement - it's much easier that way. And you never know, they might get back together again.

[Lawcruncher]

If you decide that the best thing is to start all over again and you are satisfied that the tenant who wants to remain is a good bet with her guarantor, the way to proceed is as follows: get the tenant to sign and let you have a notice to quit and a new tenancy agreement starting on the day after the notice to quit expires. Before completing the agreement by forwarding the tenant your part of the tenancy agreement signed by you make sure you have in your possession the guarantee executed by the guarantor. At the same time as completing the new agreement you do all the usual things done at the end of a tenancy for the old tenancy and all the usual things you do for a new tenancy in respect of the new tenancy.

[Echoes]

Her notice would need to be a minimum of a month ending on the 14th of the month.
So any new tenancy would start on the 15th of the month.

So if she served notice today, it would end on 14th March.

If she's happy with the same tenancy agreement, I wouldn't change anything.
The only risk is that her ex serves notice themselves to end their own involvement.

Are you saying the tenancy should end on the day before the orginal start (14th) date eventhough she gives notice today or tomorrow (giving one month notice)?
Her partner's name in the agreement as well as in the deposite certificate so it would be a good idea to have a new agreement. Can I start preparation for the new tenancy as soon as I get the official written notice from the tenant? In that way it will be ready by the time of end of the current tenancy. Thank you all for your prompt response. Really appriciate it.

[jpkeates]

Are you saying the tenancy should end on the day before the orginal start (14th) date even though she gives notice today or tomorrow (giving one month notice)?

Yes, it's a minimum of a month ending on the 14th.

Her partner's name in the agreement as well as in the deposit certificate so it would be a good idea to have a new agreement. Can I start preparing for the new tenancy as soon as I get the official written notice from the tenant?

You can start anytime.
It might make your tenant be more comfortable.