Couple separating during tenancy

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    Couple separating during tenancy

    Hi, just found this forum so 1st time posting.
    im renting a house on a 6 month lease to a married couple. They have separated about a month ago and the husband has messaged me to remove wife from lease.
    im not sure what I should do if anything and what would happen to the bond lodged with dps in their joint names.
    the rent has always been paid on time and they have lived in the house for a couple of years.
    Any advice greatly received
    Thanks Craig

    #2
    Just tell him that you can't legally do that, only a court can.

    Suggest surrendering the current tenancy, preferably with the partners agreement; you'll have to return the deposit in accordance with the scheme rules.

    Then you can start a new tenancy with a new deposit in his name only - provided he can afford the rent without his partners income.

    PS. Don't get involved in domestic arguments - It's only been a month they might have kissed and made up by next month.

    Comment


      #3
      Assuming they have just separated and that divorce is not final:

      "Are you sure you want to do that? She would still legally be allowed to live here, except she now won't be liable for any of the rent or damages....."

      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #4
        I think it’s going to be a nightmare to sort then

        Comment


          #5
          Decline to remove wife from AST during fixed Term

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            #6
            This happened to me - the couple surrendered the tenancy and we were going treat remaining tenant as a new tenant, with full affordability checks, but he decided he couldn't afford the rent and they both left.

            My advice would be to get both to surrender the original tenancy (have you only heard from him) and start afresh, remembering to do a new inventory, deposit, issuing paperwork etc.

            Good luck

            Comment


              #7
              Sometimes it's a good idea to do nothing. Just wait and see how it pans out. If the other half remaining can keep up the payments on their own you will soon know, plus the added advantage of being able to go after either party if any arrears arise. However if you do have doubts about affordability perhaps accepting a surrender and seek new tenants with new affordability checks would be prudent.

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                #8
                If the tenancy is in the fixed term, the only response possible is that you can't remove the wife's name from the tenancy unless they both agree to a surrender, which will end the tenancy for both of them.
                If (when) the tenancy is periodic, any of the joint tenants can give valid notice, which will, again, end the tenancy for both of them.

                If the remaining occupant wants to continue the tenancy on their own, they'll need to be referenced as a single tenant and pass the affordability criteria.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Thanks, I’m going to wait a bit longer before replying to my tenant and then wait until this tenancy ends and see how I do for getting the rent. Thanks for the comments

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