Tenants’ relationship breaks down leaving one (of two) occupant in flat. Both have signed the joint tenancy agreement. Does that mean the contract is terminated? The remaining tenant has decided to sublet, which is not permitted in the contract. Tenants moved in only two months ago.
Both tenants ard still responsible for the tenancy and the rent, whether they are living there or not. However, I suggest you come down hard on this proposal to sublet, which would cause all kinds of problems as the tenant who has left could legally return at any point, in which case you would have an HMO situation. I would instead offer to allow the tenants an early surrender, which they would both have to agree.
Many thanks for your input, David.
By ‘early surrender’ do you mean let them both be free of the contract and
leave the property?
That actually is my preferred solution but the remaining tenant is setting up a guarantor so that eviction will be avoided. I’m not sure that i can refuse the guarantor option in law.
I am going to check my landlord insurance as i suspect it may exclude subletting. I feel in law i can refuse that option.
Any other comments?
A guarantor does not impede your right to evict. It sounds like he cant afford it on his own and sub-letting is not really an option. If you can persuade them to jointly surrender, which would mean both ending the contract and leaving, then that would probably be the best outcome. However, that looks difficult to achieve at this point, so if you fail, I would probably serve a s21 notice to both parties.
Thank you David. Is the s21 notice used in Scotland?
Shirley
No it isnt relevant in Scotland
Sorry I don’t know the laws in Scotland. But I would be surprised if subletting is allowed. Usually the tenancy agreement forbids it. Does yours say anything?
My contract specifies that subletting is not permitted.
Phew!