When one tenant moves out leaving one remaining tenant

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    When one tenant moves out leaving one remaining tenant

    Separating couple. All very collaborative.
    One wants to stay other moving out. I'm quite happy with the remainer's suitability as a sole tenant.
    Remainer does not want a new contract, presumably not certain about their mid-long term plans, which I am fine with.

    I'd normally use a deed of assignment to replace one tenant with another on existing AST. But there is no new tenant moving in. What's the best agreement..?
    Assume I know nothing.

    #2
    Do nothing -
    1. Existing T and T who has left are both liable - no new contract continues as normal, I doubt the T who has left would still want to be liable for any future liability.


    New Tenancy -
    2. Existing T signed a new tenancy (can be a 6 month tenancy or whatever term you want to), the T who has left then has no liability, but existing T takes on any outstanding issues with the Inventory, place a new deposit, otherwise the T who has left may have a stake in the deposit.

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      #3
      The T moving out needs to understand they'll still be liable for all the rent if the remaining t doesn't pay. Can you give them a new ast and tell them you'll agree to terminate with 1 months notice if they decide to move on?

      Comment


        #4
        Originally posted by ash72 View Post
        Do nothing -
        1. Existing T and T who has left are both liable - no new contract continues as normal, I doubt the T who has left would still want to be liable for any future liability.


        New Tenancy -
        2. Existing T signed a new tenancy (can be a 6 month tenancy or whatever term you want to), the T who has left then has no liability, but existing T takes on any outstanding issues with the Inventory, place a new deposit, otherwise the T who has left may have a stake in the deposit.
        Thanks but as explained T would like to carry on the existing tenancy alone and I am happy for them to do so.
        Assume I know nothing.

        Comment


          #5
          Originally posted by royw View Post
          The T moving out needs to understand they'll still be liable for all the rent if the remaining t doesn't pay. Can you give them a new ast and tell them you'll agree to terminate with 1 months notice if they decide to move on?
          Remaining T would like to carry on existing tenancy. It is feasible for one of the tenants to transfer all their rights and obligations to another party by deed. It must surely be feasible for them to transfer all rights and obligations to the remaining party?
          Assume I know nothing.

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            #6
            Are you not able to assign the tenancy from joint names to a single name? Failing that a new agreement as a contractual periodic tenancy would work.

            Comment


              #7
              Originally posted by DoricPixie View Post
              Are you not able to assign the tenancy from joint names to a single name?
              Probably. But I don't know for sure. Hence the post.
              Assume I know nothing.

              Comment


                #8
                Why not just issue a new 6 month tenancy? You can always let the remaining tenant go early if you both agree.

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                  #9
                  I'm not sure why you'd bother, but you can assign a joint tenancy to one person using a deed.

                  That makes a mess of the deposit and deposit protection (which you'd need to address) and doesn't seem to benefit anyone except the vacating tenant.
                  It's your call, but I'd start again (with affordability checks as a start point).
                  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


                    #10
                    Your best option is do nothing. Both remain liable - just moving out doesn't end liability to pay ALL the rent

                    Have two possible to sue is IMHO better than only having one.
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      As Theartfullodger says above.

                      Comment


                        #12
                        As above - do nothing. You do not want to create complications, and you will be creating plenty by doing fancy stuff.

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