BTL tenant issue, couple splitting.

[98elise]

A couple in one of my BTL's are going through a split. One is wanting me to remove the other from the agreement. I said I couldn't do that as they are both legitimate tenants so it has to be by mutual consent.

They are now both in contact with me trying to clarify there legal position about the tenancy. My answer is the same to both, nothing has changed from a landlord/tenant perspective and they need to sort their split first, then we can sort the new tenancy arrangements.

Am I correct or should I be doing anything else?

[northwest monkey]

I'd do it like you suggested. End one tenancy completely (deposits returned etc) and then start a new one (new deposit etc).

Probably obvious, but make sure one tenant on their own can afford the rent.

[98elise]

My problem is the current tenancy. One wants the other out so wants me to end the tenancy now, and start a new one with them alone. The other wants to stay until they have somewhere to move to. My stance is that they both need to agree the way forward before I'll make any changes.

Its a periodic tenancy if that makes any difference.

[Wings]

98elise said:

My problem is the current tenancy. One wants the other out so wants me to end the tenancy now, and start a new one with them alone. The other wants to stay until they have somewhere to move to. My stance is that they both need to agree the way forward before I'll make any changes.

Its a periodic tenancy if that makes any difference.

Then they both need to end the periodic tenancy, by on the anniversary date of the start of their tenancy, usually the rental payment day, serving their landlord/OP with One months Notice. Then if the OP/landlord is satisfied that one of those tenants can pay the rental payment, then a new Assured Shorthold Tenancy Agreement can be drawn up for that tenant.

Ensure that the Deposit is unprotected and re-protected against the new tenancy agreement.

[The Moose]

I know a deed of assignment works when a tenant is being replaced by another, but would it also work when a tenant is leaving and the remaining tenant(s) are assuming full responsibility?

Would save having to start a new tenancy, inventory and lodging the deposit also.

[Wings]

The Moose said:

I know a deed of assignment works when a tenant is being replaced by another, but would it also work when a tenant is leaving and the remaining tenant(s) are assuming full responsibility?

Would save having to start a new tenancy, inventory and lodging the deposit also.

There is no legislation or case law in place

There is no legislation or case law in place that could assist the OP/landlord, and since there is simply no benefit for a landlord to accept assignment against a periodic tenancy, then for peace of mind a landlord is best advised to allow Notice from both tenants against the periodic tenancy, unprotect the Deposit, issue a new 6/12 month Assured Tenancy Agreement, and re-protecting the Deposit.

[98elise]

Wings said:

98elise said:

My problem is the current tenancy. One wants the other out so wants me to end the tenancy now, and start a new one with them alone. The other wants to stay until they have somewhere to move to. My stance is that they both need to agree the way forward before I'll make any changes.

Its a periodic tenancy if that makes any difference.

Then they both need to end the periodic tenancy, by on the anniversary date of the start of their tenancy, usually the rental payment day, serving their landlord/OP with One months Notice. Then if the OP/landlord is satisfied that one of those tenants can pay the rental payment, then a new Assured Shorthold Tenancy Agreement can be drawn up for that tenant.

Ensure that the Deposit is unprotected and re-protected against the new tenancy agreement.

We are not at the stage where either wants to move out yet, but tenant 1 wants tenant 2 out now.

Tenant 1 is asking me if tenant 2 can be removed from the tenancy (without their agreement).

Tenant 2 is asking me if tenant 1 has any right to stop them from entering the house.

My stance is that they are both legitimate tenants so their split has nothing to do with me until one of them wants to move out.

[dmitsi]

My understanding was if the tenancy had become periodic then it only takes one of the tenants to give notice and that will end the tenancy for both/all parties. After that you would have to take out a new contract with whoever is staying.