Couple Splitting Up

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  • Couple Splitting Up

    What's the procedure removing a persons name from a AST? The person who wishes to remain in the property is thankfully the lead tenant but the other tenant wants confirmation there name has been removed from the tenancy. Also, how would it work if the person who wanted to stay wasn't the lead tenant?

  • #2
    Surrender can be by mutual agreement and a new AST drawn up with the other person. They should be jointly and severally liable until then.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Originally posted by Podrico View Post
      What's the procedure removing a persons name from a AST? The person who wishes to remain in the property is thankfully the lead tenant but the other tenant wants confirmation there name has been removed from the tenancy. Also, how would it work if the person who wanted to stay wasn't the lead tenant?
      The quitting tenant is not in a position to make demands - they remain liable for the rent as long as the tenancy lasts, so there's no benefit to you in even having her name off the agreement. If you all agree, it's probably best to start a new tenancy agreement in the sole name.

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      • #4
        I agree. L cannot 'remove' a name of one of the two tenants and nor can they. Instead, either:
        a. surrender and new AST; or
        b. Assignment of old AST from two names to one.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          Don't forget that when this joint tenancy ends and if you issue a new tenancy to the remaining tenant, you will have to refund the deposit to both tenants and start again, i.e. take a new deposit for the new tenancy, protect it and provide T with the prescribed information, just as if the remaining tenant was a brand new tenant.

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          • #6
            Originally posted by westminster View Post
            Don't forget that when this joint tenancy ends and if you issue a new tenancy to the remaining tenant, you will have to refund the deposit to both tenants and start again, i.e. take a new deposit for the new tenancy, protect it and provide T with the prescribed information, just as if the remaining tenant was a brand new tenant.
            I agree; which is why an Assignment might be better (albeit not as simple).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              I agree; which is why an Assignment might be better (albeit not as simple).
              How would you cover off the deposit issue in that case, given that the deposit could be registered with the DPC in the name of the departing tenant; and wouldn't you need to do an inventory anyway and reconcile any delapidations etc - otherwise what would happen about damage caused prior to this point by the departing tenant?

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              • #8
                Assignment means that the existing tenancy continues. L should not consent/complete unless defects are rectified.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                • #9
                  If tenancy is still in it's fixed term, I'd be inclined to leave it with both names for now. At the end of the tenancy, the departing tenant can give notice to bring the tenancy to an end. If LL and remaining tenant agree, a new tenancy can be drawn up then with just the one name.

                  This way LL keeps the opportunity to pursue leaving T for rent etc if remaining one has financial trouble (as can happen with parting couples). If there are payment worries, departing tenants notice would save LL having to serve notice on remaining tenant.

                  Incidentally - if departing T served notice for, say 20th August, and remaining T was still there on 21st, has the tenancy ended? If not, is departing T still jointly and severally liable? Would "distress for rent Act" apply?

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