I have a family who have been in our property for a year. Their one year contract period is approaching. The tenants made a slightly unusual request. The lead tenant who is the husband wants to move out of the housing contract and wants to be a guarantor for his wife who will remain in the contract as the sole tenant. I am not sure why someone would want to do this. But has anyone come across this kind of request before. I suppose if she doesn’t pass the new credit check, her partner will be in the contract as a guarantor. But it was slightly unusual. So I thought I would ask.
If they are joint tenants, he is already a guarantor for her because he is liable for all the rent if she fails to pay any. No need to do anything. Let it go periodic at the end of the fixed term (or when the RRB comes in anyway).
Hi tatemono..thanks for replying..he wished to take his name out of the contract. He wants to do a new contract in his wife’s name only, with him as guarantor.
Whilst they have told you what they want to do, have they told you why?
I cant think of any justifiable reason for this request other than to pretend he is not living at the property for some kind of benefit // council tax fraud.
I think the choice for them is either allow the contract to roll onto a periodic tenancy with both named or they both give notice to terminate and move out.
Tell him he’s can move out, but you can’t issue a new contract and he will remain legally liable, but can end his liability at any point by serving notice once yhe tenancy becomes periodic. This will end it for both tenants.
I’d ask what is changing in their circumstances and why he is moving out then consider your options. You don’t want them having financial problems paying but equally you may want to keep good tenants and avoid void periods and costs of finding new ones
-if he’s genuinely not going to be living there I can understand why they might expect the tenancy agreement might be amended to reflect that tho as others say maybe not needed and risks of scams
--maybe they are separating or divorcing. If that’s the case, think whether you still want her and rest of family as tenants, taking account of affordability etc
-if he is going to be paying for a separate place for himself, how good a guarantor will he be
-Def see if she can afford as main tenant in her own right, and also checks on him as guarantor
-think about rent guarantee insurance if you don’t have at mo and if you consider more risky/if worthwhile