What to do when husband & wife spilt up but tenancy agreement is in husbands name

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  • What to do when husband & wife spilt up but tenancy agreement is in husbands name

    Hello

    I'm hoping that someone can give me some advice. I've rented out my property to a married couple. The Short Term Tenancy Agreement is in the husbands name, but the wife lives there as well. There is no mention of his wife on the Short Term Tenancy Agreement Form, but I have a Landlord Zone Individual Tenancy Application Form which states that his wife will also live there.

    I have just been informed by the husband that he has unfortunately split up with his wife. As a result, he has rung to let me know that he will honour the tenancy agreement for the 6 month minimum contact period and will continue to pay the rent until the 6 months are up. He will also send me a letter confirming this.

    Based on this, at the end of the 6 month period I would inspect the house and give him back his deposit.

    However, I'm not sure where I stand with his wife. She will be living there up to the 6 month period, but if she wants to continue living in the house after this period, I presume that I have to draw up a separate Short Term Tenancy Agreement for her so that she will also commit to a minimum period of 6 months? In addition, I presume that I would ask her for the deposit on the house? Does that sound right?

    If anyone has any views on this, it would be greatly appreciated.

    Many thanks

    Carol

  • #2
    For how long did you let it to H? What term is shown in Agreement?
    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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    • #3
      As it's a short term tenancy agreement, the Husband agreed to stay in the property for a min of 6 months which ends at the end of June. He has moved out of the property. His wife is living in the property by herself, but the Husband is paying the rent.

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      • #4
        Originally posted by carolli28 View Post
        As it's a short term tenancy agreement, the Husband agreed to stay in the property for a min of 6 months which ends at the end of June. He has moved out of the property. His wife is living in the property by herself, but the Husband is paying the rent.
        So, from 1 July she ought to sign a new AST in her name. New deposit, new contract, new everything- just as if she and her ex were entirely unconnected. Which they apparently seek anyway.
        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).

        Comment

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