T's splitting one wants to stay...

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    T's splitting one wants to stay...

    I have a couple on a periodic who are splitting up. It looks like he has left and she wants to stay in the property. I have yet to assess affordability but I'm quite sure she would be well above 2.5 times the rent.

    Anyway as they are currently on a joint periodic what would be the best way to go forward? Get them both to sign a surrender document and have a new AST for the remaining T? Is there any way we can leave her on a periodic and just remove the leaving partner from the existing agreement?

    Other than some noise complaints they have been model tenants with no payment issues and spotless house.

    Thanks in advance...

    #2
    Why do you want to change things? Them splitting has nothing to do with you. Has she/he requested that he is no longer on the agreement?

    You can ask them to give notice to end the tenancy and then grant her a new tenancy starting on the next day.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #3
      You have no obligation to do anything - in your shoes I would leave everything as it is so that if affordability becomes a problem (and 40% is at the scary end) you can still pursue the departed partner for payment.

      If on an SPT and the departed tenant gives notice, that may force your hand but why limit yur security needlessly?

      If you WANT to change the tenancy just to 'her' then either both parties complete a deed of assignment (less hassle for you) or if he won't cooperate, you get Mrs to give notice (which will end the joint SPT on expiry) and grant her a tenancy from that date on her own. It is important to note, these are 2 different tenancies so you will need to do checkout & return the deposit to 'Mr & Mrs' before taking a new deposit from 'Mrs'. I guess the same inventory could be utilised as a starting point for the new tenancy.

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        #4
        Thanks for the clarification guys very helpful as ever.

        I think we will go for the status quo at the moment and see if he pops up wanting his deposit. He is the lead tenant so we can cross that bridge when we get to it.

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          #5
          The deposit is held in respect of the joint tenancy, and you do not refund it until that tenancy has ended.

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