Joint tenant leaving early

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    Joint tenant leaving early

    1 of 4 joint tenants on a one year AST is leaving early after 1 month. Do I need to get the 3 existing and the new tenant to sign a new agreement? Or can I amend the existing agreement - if so can I just put a line thru the departing tenant's name and insert new tenant and get a new signature?

    #2
    i always do an addendum:

    ADDENDUM OF AGREEMENT

    Relating to the Tenancy Agreement

    Dated >

    Between

    >

    And

    >

    Property Address:

    >


    It is hereby agreed and understood that with effect from the >:

    1) > shall not be a Tenant of the above property and shall not have claim on the deposit monies held as security detailed in clause 6 of the above Tenancy Agreement such deposit to continue to be held by >.

    2) > of > shall replace tenant > of the above property and shall assume jointly and severally full responsibility for the rent and all other terms conditions and obligations under the terms of the above Tenancy Agreement including all and any such damage and dilapidation’s (save for wear and tear) to the fixtures furniture and chattels with effect from the >.

    3) This Addendum shall form part of the said Tenancy Agreement and all other terms and conditions of the above Tenancy Agreement shall remain unchanged.


    It is hereby agreed and understood that with effect from date

    1. Tenants name shall cease to be a Tenant of the above property and shall have no claim on the deposit monies held as security as detailed in Clause 6 of the above Tenancy Agreement such deposit to continue to be held by Pathmeads Residential.

    2. Tenants name shall now be a Tenant of the above property

    3. This Addendum shall form part of the said Tenancy Agreement and all other terms and conditions of the above Tenancy Agreement shall remain unchanged


    SIGNED: WITNESSED BY:


    ……………………………………….. ………………………………….
    Please print name below


    Dated:………………………………… ………………………………….

    Comment


      #3
      Originally posted by DaveC View Post
      1 of 4 joint tenants on a one year AST is leaving early after 1 month. Do I need to get the 3 existing and the new tenant to sign a new agreement? Or can I amend the existing agreement - if so can I just put a line thru the departing tenant's name and insert new tenant and get a new signature?
      1. You could refuse to help T if you felt unhelpful. The Agreement prohibits them from assigning.
      2. If you voluntarily feel like co-operating, demand that they pay your legal fees.
      3. The Assignment would involve a Deed between you (1), leaver (2), continuers (3), and arriver (4). You release leaver; arriver covenants with continuers (joint and several) and with you; leaver + continuers assign to continuers + arriver, with your consent.
      4. You certainly cannot just amend AST as you proposed.
      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


        #4
        Apologies for adding to this old thread - I guess my case is very similar so seem appropriate.

        I am letting a house to a couple who recently broke up. They are both jointly liable to keep up with rent payment and bind to the clause in the contract. However they no longer can live together to as far as getting abuse call to the police. He has now moved out and wish to remove his name from the contract. She on the otherhand wish to stay and is willing to take on full liability for the entire lease. The lease has months to go and has no break clause. As a landlord I am willing to accept this question is how.

        1. Can I use the draft ADDENDUM OF AGREEMENT proposed by "chocolate malteser" or is there more to it than that to protect myself
        2. I hear people talk about a RIDER CONTRACT - how is that different to the ADDENDUM.
        3. Do I have to change any part of the AST (i.e page 5 map out the agreement between the Landlord and Tenants together with commencement/end date) Do I need to change this to 6 months and remove one of the name as part of the process


        Ultimately I just want everything to stay the same but with only 1 person on the lease liable.
        Appreciate your comments here.

        Comment


          #5
          Why would YOU want to reduce the number of people who you can chase for payment?

          Realistically, the clearest and (in the long run) least messy way of dealing with this is for you to get both tenants to write to you surrendering the tenancy, and you writing back to male tenant accepting the surrender. The tenancy then ends, inventory taken, deposit returned. Then brand new tenancy (inc new deposit) commences with female tenant.

          Alternativel, you have no obligation to do anything until the end of the fixed term, and even hen only if one of the tenants gives due notice.

          Comment


            #6
            Thanks.
            The problem is
            - He has been chucked out of the house and last months rent (his half) is in arrear
            - She has invested in keeping the house nice and clean and do not wish to break the contract

            If this carries on then I am the one out of pocket and with the headaches as
            1. I can't do anything if rent is not in arrear for more than 2 months (is that in full or in part? Not sure here)
            2. She'll continue to pay hers on time

            I would have though the better option would be to create a addendum/rider to only have her on the lease?

            Comment


              #7
              There is no 'his and hers' in a joint contract - so 'she' currently has half a months rent unpaid.

              Why do you think that by getting him 'off the hook' she will start paying double 'her share' of the rent?

              I am not saying that she can not continue as your tenant.

              Comment


                #8
                I don't and you are right affordabilty did come to mind... but I guess I am no worst off than now.
                She said she would pay the full rent if his name is off the lease. Goes back to my original question is the addendum shown earlier appropriate for this and are there anything else I need to be aware of?

                Comment


                  #9
                  Originally posted by delta1 View Post
                  I don't and you are right affordabilty did come to mind... but I guess I am no worst off than now.
                  She said she would pay the full rent if his name is off the lease. Goes back to my original question is the addendum shown earlier appropriate for this and are there anything else I need to be aware of?
                  The underlined bit is not her choice, it is her legal obligation (assuming the tenancy made her jointly and severally liable). Which bit of JOINT tenancy did she not understand?

                  His inability to lawfully use the property is HIS issue, he has a contract with you, he is still liable.

                  Is she (or he) working, or on benefits?

                  You can certainly have the tenancy assigned from "He & She" to "Only She" but this offers no advantage to you whatsoever, and sets the tone that you are willing to be bullied by your tenants. Has a deposit been paid? Who paid it? Who and when would you propose to return it to?

                  Comment


                    #10
                    Thanks again. Much appreciated.
                    She is working.

                    You are right. I do feel like being bullied. Guess I am not that good at it as a 1st time landlord. But waht options to I have?
                    I have to keep up mortgage payment. If they donlt pay I am in trouble. I am in trouble right now as the rent is in arrear and while I can afford this month's mortgage payment but when next month come and this is not sorted out then I'll be in arrear.
                    Please advise what other options do I have?
                    Thinking about this. I'd rather break the contract and re-let to someone who is more genuine and can pay.

                    There is a deposit of 6 weeks held under TDS and I guess they both paid towards that.

                    Comment


                      #11
                      Originally posted by Snorkerz View Post
                      Realistically, the clearest and (in the long run) least messy way of dealing with this is for you to get both tenants to write to you surrendering the tenancy,
                      The tenants can only offer to surrender.

                      and you writing back to male tenant accepting the surrender.
                      The landlord could only accept a surrender of the tenancy, not from an individual joint tenant, and AFAIK they'd both have to vacate in order for there to be a surrender.

                      Comment


                        #12
                        Your options:

                        1. Negotiate a surrender with both tenants. They'd both have to sign a deed of surrender and move out, and it sounds as if the female tenant won't agree to this.

                        2. Serve a s.8 notice citing grounds 8, 10 & 11 as soon as there is at least two months' rent owing and unpaid, then apply for possession after notice expiry. N.B. Not the same as arrears. For example, if rent is payable in advance on 1st of the month, and T does not pay on 1st Jan and again doesn't pay on 1st Feb, then on 2nd Feb there will be two months' rent owing and unpaid.

                        Amending the contract to remove the male tenant from the tenancy (which would require all parties' cooperation) is a non-option because all it would achieve is removing the male tenant's liability for rent - which doesn't benefit you in the least.

                        (Are either of them employed, BTW? Just thinking in terms of you eventually being able to recover the unpaid rent).

                        Comment


                          #13
                          Quite right Westminster. Hence the headaches and the sense of being bullied by my tenants. He wants to go but she wish to stay and prepared to take on his share.
                          Frankly I do not think she can afford it herself unless she finds another man quickly.

                          Comment


                            #14
                            Originally posted by delta1 View Post
                            He wants to go but she wish to stay and prepared to take on his share.
                            As snorkerz said, she is already liable for his 'share'. There is no such thing as a 'share' of the rent in a joint tenancy. All tenants are collectively 'the Tenant' and all are individually and jointly liable for 'the Rent', which means all of the rent.

                            The male tenant is free to move out, but he remains a tenant and remains liable for the rent.

                            I have explained your two options. Try option 1, failing which you're left with option 2.

                            Comment


                              #15
                              Originally posted by westminster View Post
                              The landlord could only accept a surrender of the tenancy, not from an individual joint tenant, and AFAIK they'd both have to vacate in order for there to be a surrender.
                              Both Ts have said they want the current arangement to come to an end, so that shouldn't be a problem. I see the physical vacation as a technicality - Mrs T walks out the door and says 'I surrender' and then walks back in as new tenant.

                              Comment

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