The tenancy started in early October 2021 and is due to end shortly. The tenants (let’s say A and B) had already asked whether they could stay on for an extra two months which I’m ok with going onto a periodic tenancy for that period.
The slight complication we have is that apparently tenant A will be moving out at the end of the original term while B will remain there and cover the other half of the rent.
How should I treat the deposit given that presumably A will want their share back at the end of the tenancy and therefore we’ll have to repay the full amount? Is it not too painful to ask for a full new deposit from B for a period of 2 months? A possible solution, but not sure B would go for it, would be if B would be able to “buy out” A’s share of the deposit and then would receive the total amount back 2 months later.
Does anyone have any experience in something similar?
They are both liable , don’t start going down your route as it will be a disaster
Tenants lie through there teeth , make it clear if they want to stay 2months they are both liable.
That’s the main issue, they wouldn’t be jointly liable since A is moving out as per the original tenancy agreement and not staying the 2 additional months. Presumably they would want their share of the deposit back regardless of whether B stays another 2 months or not.
Seems there’s only 2 options then:
A agrees to be jointly liable for those additional 2 months after which the full deposit is released.
Return the deposit to both A and B on the condition that a new deposit is first obtained from B for the total amount for 2 month tenancy?
Why do anything let it go periodic and they are still liable ? Both liable as both have not left
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There is no “their half of the rent”. They are both individually and jointly liable for 100% of the rent. If one tenant remains they have to pay the full rent and you can sue either or both if you dont recieve that.
The deposit shouldnt be returned for either party until the tenancy ends for both.
They are jointly liable for arrears and damage. As landlord, you can withhold money from the whole deposit even if another tenant stays behind, until the tenancy legally comes to an end.
If at the end of the fixed term, one tenant (A) decides to leave and the other (B) decides to stay, and no new fixed term agreement is reached with the remaining tenants and the landlord, the tenancy continues as a periodic tenancy to which the original tenants (A+B) are still liable.
Tenant A should try and get the remaining tenants to sign a new fixed term agreement with the landlord that doesn’t include them. Or find a replacement tenant who will pay a deposit and then ask the landlord to return their share of the deposit.
If no one else is moving in and no new fixed agreement is reached, tenant A may still ask the landlord to accept a smaller deposit and refund their share (but landlord is not obligated to) or ask the remaining tenants to make up the difference and refund their share (again, not obligated to).
As usual David122 is correct.
And so is Jason-egan1
Where you have gone wrong is clear in your post where you wrote: ‘That’s the main issue, they wouldn’t be jointly liable since A is moving out…’ I expect A thinks they will be in the clear, but as we have pointed out A is wrong, and if I were you I would write to A & B (hard copy, left at the premises + email if you have their addresses) pointing this out.
Question: Has anything been done by either party (A+B or you) to formally bring the tenancy to an end, and if so, when?