Tenants separating

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    Tenants separating

    Hi, hope someone can advise me on what I need to do now. My tenants had AST that ended on 31st May 2012, and went onto periodic tenancy agreement (rolling month). However, the boyfriend has left and the girl wishes to stay on with her 3 month old son. She has stated she will sign a new 6 month contract, but is currently on maternity leave and will be starting to receive housing benefit due to change in circumstances. The current LHA rate is £98.08, and her rent would be £400 per month so I know this would cover her rent. Do i need to do a new tenancy credit check as she will be sole tenant, and if so, how do I know that housing benefit is taken into consideration on it?

    Thanks in advance!

    PS as he has voluntarily left, do I need to serve him or her any notice to start new AST with her legally?

    #2
    Meant to say £98.08 per week

    Comment


      #3
      Ideally, I would advise g/f to serve 1 mo SPT NTQ to terminate current T and sign new AST to commence day after NTQ expiry.]
      It would be advisable to do T end/start inv check on last day of curr T and return/collect any deposits due.
      I would suggest remaining T requests any LHA due, to be paid direct to LL and get her to sign a DPA consent (copy to HB dept) so you can discuss her claim etc direct with Council HB dept if reqd.
      As for credit refs, your choice, I assume she was checked for current T? If you want rent payment protection Ins, you may have to pay again as per Ins requirements.

      Comment


        #4
        Originally posted by mariner View Post
        Ideally, g/f - SPT NTQ
        Can you please elaborate on the acronyms used for those lacking knowledge, thank you.

        Comment


          #5
          SPT - Statutory Periodic Tenancy.

          NTQ - Notice to quit.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            (assuming they had a joint AST)

            did the boyfriend give any notice to end the tenancy or just took off? Leaving doesnt change anything with regards to his tenancy.His is still a tenant i the property and liable for everything a tenant is liable for. He probably isnt aware of that if he hasnt contacted you for termination.

            The tenancy is either valid for both of them, or ends for both of them.

            I would suggest you seek to terminate the current AST and offer a new one if so you wish. Do you want to have her as a tenant? Whether you run credit checks or not, is up to you, unless otherwise required. If you think it might offer you something, do it, if not, dont
            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

            Comment


              #7
              Thank you for your replies.

              I do still want to keep her as a tenant, I have recieved their joint letter of months notice to end their tenancy so I presume that would be suffice for me to issue her with a new one?

              In terms of payment direct to me, what does DPA mean? It would be sensible, just so I know that she does qualify for HB.

              Thanks again!

              Comment


                #8
                Originally posted by Gill19 View Post
                ........... I have recieved their joint letter of months notice to end their tenancy so I presume that would be suffice for me to issue her with a new one?

                ...........
                Yes: I'd formally write back accepting their notice (keep copy) and offer new tenancy starting after notice expiry date (there was an expiry date on their notice??).

                You need to work out how to return current deposit to current tenant (both of them) then take deposit & do new inventory/condition for "new" tenancy. I say this as I had two guys go through a similar event (they both lived with g/friends), the remaining guy said he'd paid 1/2 deposit to exiting guy but 12 months later this turned out not to have been the case. Messy, get it sorted on paper in agreed-black-and-white & "new" deposit registered, I suggest...
                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


                  #9
                  Ah, good point regarding the deposit, thanks that is in joint names too! Never thought of that! Yes, there is an expiry date on their notice, so I will issue her with a letter of acceptance, also detailing need to repay deposit as is in joint names, and to open new deposit bond! Also I will request LHA is paid to me, and that I am able to discuss her case with benefit office.

                  Thanks Gill

                  Comment


                    #10
                    Yes, but write a letter to BOTH tenants accepting it, and send two copies: Assuming you have no new address for leaver post to property address. On reflection I'd offer new tenancy subject to signature, passing checks etc etc etc as otherwise you might be seen to have unconditionally agreed a new tenancy..

                    In theory (and I would...) you should do a check-out, note condition, agree deductions etc if necessary.. update inventory with new condition (of each and all items, walls, floors, ceilings, garden etc etc etc) & take LOADS of new photos... (with tenants permission..). If she won't agree to photos & inventory then I'd start considering if I really wanted to grant a new tenancy.. ..

                    Best of luck!!
                    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

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