Removal of one tenant from a shared property

Landlord Discussion
21

@Phil15

“nobody answered your original question.”

Erm we were asked

And have explained that the question itself is incorrect, because it’s already periodic…

@Rachel36

3 options

i) Using OpenRent ‘renewal’ or 'amend tenancy ’ processes I ‘think’ OR essentially end the current tenancy and issue a n ew one, with signatures on all concerned. (Ask OR)

Ii) Alternatively a tenant can give notice, or all the tenants agree a mutual surrender of the current tenancy and you issue a new tenancy for the remaining tenants. (With new costs, re-serving docs etc). Tenants then protected from rent increase or s8 g1/g1a eviction for next 12 months

iii) Last, a deed of variation for the current tenancy again signed by all concerned, but OR dont offer this and you’d need to get it done separately.

There would potentially be issues around doing a checkout inventory, returning deposit (or part thereoff) for the departing tenant, or claiming any damages, returning and get a new deposit, whether you need to re-serve the GSR EPC EICR etc. All messy.

Best

22

Phil’s right that you can’t peel one name off a joint tenancy. The clean version is the one leaving gives notice (one joint tenant’s notice ends it for all three) and you grant a fresh tenancy to the two who stay. It isn’t free though. The new tenancy is a new deposit, the old protection doesn’t carry over once the tenants change, so re-protect and re-serve the prescribed information within 30 days or you’re into the 1x to 3x penalty. It also resets the one-year clock on Grounds 1 and 1A, so no selling up or moving back in on those grounds for a year from the new start date. If the difficult one won’t give notice, nothing short of a s.8 against all three moves him.

23

One of the other joint tenants could give notice and might if they were promised a new tenancy. They might need to find a new sharer first though, unless the remaining two can afford the rent between them.

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