BTL tenant issue, couple splitting.

BTL tenant issue, couple splitting.

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98elise

Original Poster:

26,646 posts

162 months

Thursday 28th August 2014
quotequote all
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?

98elise

Original Poster:

26,646 posts

162 months

Thursday 28th August 2014
quotequote all
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.


98elise

Original Poster:

26,646 posts

162 months

Friday 29th August 2014
quotequote all
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.