Our tenants of 3 months have split up and one has moved out, last weekend, and wants to be removed from the tenancy. The remaining tenant has 2 children and is on paternity leave. She has not paid today’s rent and we do not think she can cover the rent alone. We have Rent Collection enabled to chase. What are our next steps?
The one who has left is still a tenant and owes you the rent. In your shoes, I would let him know its not possible to remove someone from the tenancy and that the only way he can end his liability is to serve a valid notice, which would end the whole tenancy. If not, I would pursue him for any arrears.
If he does serve notice, I would make sure it meets all the required criteria and then let the other tenant know that their tenancy is about to end and they should seek help from the Council. If the remainer wanted to stay, I would do a thorough affordability check and only grant a new tenancy if she can afford it on her own.
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Tell tenant who has moved out they are still liable and tenancy continues till ended by one or other of them actually giving notice. Needs to be in writing (email or whatsapp or txt are fine) to avoid any dispute
Check your tenancy agreement but if it started 13th may the standard OR agreement is 2 months to end the day before a rental period. So if they give notice today 13th august then rent due for 13th August to 12th sep and 13th sep to 12 october. If they wait one more day rent would be due for 13 October to 12 nov as well.
Let them both know asap today!
You may need to plan for possibility of the one still there staying and getting 3 months into arrears before you can serve s8 to evict, which then gives 4 weeks notice and application to court for possession. Application for possession through to bailiff eviction can be many months (average 8)
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Just for clarity, it sounds as if the remaining occupant is male and doesn’t pay rent and the one who has left is female and is responsible for rent.
Are both adults on the tenancy agreement or only one, and did you mean maternity leave?
Does it matter, Does this change the advice? Just curious?
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Totally. Two examples: A mother with two dependent kids will be seen far more sympathetically by the council if she decides not to return to work. A father with two dependent kids is much more likely to return to work but typically less likely to have an extended family member who could care for a newborn while he does so.
But the most important thing is whether both are on the tenancy agreement or only one and, if so, which one.
Bearing in mind the other thread recently about rent collection, I’m curious to see if this scenario proves it’s worth paying for.
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Both adults are on the tenancy agreement and the remaining tenant is the mother on Maternity leave. The father moved out on the 8th Aug but only sent me an email on the 11th Aug.
Should I remove him from tenancy agreement, end it or reissue a new one for just the mother and complete credit checks again for affordability?
You cant just 'remove him from the.tenancy agreement " easily on Openrent, their process requires ending the tenancy and beginning a new one.
And in any case if done by a ‘variation’ legal doc, it would need agreement from all parties including the tenant in situ
You have no obligation to help either the one who wants to leave by ending the tenancy early releasing him of his financial commitment, nor to give the one in situ a new tenancy- which wont necessarily be in her interest or yours if she cant afford it and will just get into arrears.
Tell both that one or other has to give notice properly , they still have to pay rent during the notice period, so up to 12 November.
Maybe say you will consider an earlier surrender of the tenancy to save them rent, if they both want to move, but as per the Tenancy Act 2019 there may be some extra reasonable costs they will get charged for eg advertising and creation of tenancy for new tenants
Good luck
benefit of the doubt: when he left, he may not have known he wouldn’t be going back until the 11th.
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What @David240 has said, is the legal situation.
You can’t just remove him from the tenancy, and it would not be sensible to do so.
He is still liable for the rent. If the remaining tenant doesn’t pay you can ask the moved out tenant to pay all the rent, not just his half.
The only way he can get off the tenancy is to give VALID NOTICE. Google what this entails.
If he gives valid notice, it ends the tenancy for the remaining tenant too.
Once that has happened, you may then consider a new tenancy with the remaining tenant. But you seem to say she can’t afford it.
When/if the tenancy ends, I have seen mixed advice about what you can do next. Some advice says the possession has been formally surrendered by them giving valid notice, so you can change the locks and prevent the remaining tenant from entering. Some advice says if she refuses to leave then you must go to court for a possession order and eventually get the bailiffs in to evict her.
But, here’s the practicality. It depends how much he cares. If you don’t have a forwarding address for him, or he doesn’t care about his credit rating, then you are in a bit of trouble. He’s likely to just vanish and not respond.
Here’s what I would do.
Email the tenant who left. Tell him that he is still liable for the rent until he gives valid notice and that this is the only way he can be removed from the tenancy. Tell him that even if he pays half, he can still end up with a CCJ and bad credit if his ex doesn’t pay her half. Tell him that if he gives notice, his ex loses her right to stay. Give him an exact paragraph that would constitute valid notice and tell him to copy it into an email and send it to you.
Then fingers crossed he does it.
Meanwhile, email the remaining tenant. Tell her that you understand the other tenant has moved out, and that the rent has not been paid. Remind her that the whole rent needs to be paid, not just her half. Ask her if she believes she is able to do that herself, and what timescale she might need to catch up the missed rent. Offer her a payment plan if she feels she can pay. If she can’t, then tell her that it may result in her getting a CCJ and bad credit, so she may want to consider looking for somewhere cheaper asap.
If the moved out tenant gives notice, tell the remaining tenant that her tenancy has also ended. If you want to offer her a new one, you’ll probably want to do affordability checks. If you don’t choose to offer her a new tenancy, make it clear when she has to move out. If you accept any payments from her after this date, you may end up creating a new tenancy, but without anything in writing, so be careful. If she doesn’t move out, then you have to make a call what to do next.
Or, if nobody gives notice and the rent goes unpaid then you’ll sadly be left looking at eviction via the courts once they are 3 months behind in rent.
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A valid notice from one joint tenant ends the tenancy for everyone. Its not a surrender and the landlord cant just change the locks. They will need a court order and if necessary, bailiffs to execute it, although the landlord can apply for this immediately without further notice. The status of the former tenant that is “holding over” is that of trespasser and the landlord must treat them as such. Not say anything that implies they accept the situation or will give them more time and not demand or accept rent. They can claim a daily charge called mesne profits, but this has to be clearly not rent and should be demanded in arrears. The rate can be double the former full rent thanks to the Distress for Rent Act of 1737.
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Thank you all for your assistance. I have informed the tenant who has left he needs to submit a Valid Notice of 2 months notice and until then they are both liable for rental payments. Once exited a new rental agreement will be drafted for the remaining tenant and a discussion prior to be had about affordability. Currently the mother has assured me she has applied for Universal credit to cover his share. Fingers crossed I get this months rent and we can move forward.
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I would say that in addition to the discussion about affordability, you re-reference the one that wants to remain. This will do an independent affordability check which you can cite if you need to decline a new tenancy.
The remaining tenant has now requested it send over a the agreement with her partners name removed so she can apply for universal credit. Am I right to reply I can not do this legally as her partner has not submitted a formal valid notice and would still be liable for another 2 months.
I have suggested a write a covering letter to explain the partner vacated the property on the 8th Aug with no notice and not intention to return?
Whats best. Thanks
You are correct that you cant agree to her request and you also cant say to DWP that he wont return, because you dont know that and until the tenancy ends he has a legal right to do so. Stick to the facts as you know them.
Thanks for clarification
Agree with @David122
Explain you cant just remove. Tell her if she wants to give notice herself that would be fine, the rent will remain due to 12 nov., but it will allow you to consider a request for a new tenancy if she wants to make that. But you cant gtee youll say yes at this point obviously
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If I renew a tenancy after 1 party has moved out, I assume i should see proof of Affordability before renewing for remaining tenant. They are applying for additional universal credit but can I proof of this prior?
No such thing as a “renewal” of a tenancy. If one has given valid notice it ends for both. If not it doesnt.
If you mean ending the current tenancy (by either giving notice, or a mutual surrender between you and the tenants) and starting a new one with just one tenant, then yes of course you should check they can afford it before agreeing the new tenancy.
Check the max lha rate in your area for the number of bedrooms tenant will be entitled too
If there is a gap between the lha rate and your rent level you would need them to explain how they will fill it.
Good luck