Hi,
Our tenants are a couple who have now split and one of them is leaving the house and wants to be removed from the tenancy agreement. The agreement is currently a periodic tenancy.
Is it possible to delete one of the tenants names from the tenancy agreement without having to end the tenancy on open rent and create a new tenancy for the remaining tenant? If I have to create a new agreement can this agreement still be a periodic tenancy?
Thanks for you help.
You should create a new agreement which will be an AST until the expiry of the initial period when it will become a periodic tenancy. It will also be necessary to sort out the deposit ie the departing tenant will require repayment of 50% of the deposit (less delapidations) and you should then obtain the increased deposit from the remaining tenant which should be re-registered at the time that the new AST is signed. An inspection should be undertaken at the time that the departing tenant leaves and compared to the inventory. A new inventory should then be prepared reflecting the state of the property at the time of the new AST. Your short cut proposal of simply deleting a tenant from the agreement will lead you to numerous issues.