Hi All, may I ask the hive mind how I go about removing one tenant from the rental contract? A couple rent my property and one is moving out and the other would like to stay on. I am happy with this arrangement but don’t know how to remove one of the signees and assign the contract to the sole remaining tenant. Can OpenRent carry this out for me? Ta, Marc
Are they still in the fixed term of the tenancy? If so, then the cleanest way is for all parties to sign a deed of surrender, with a witness to end the current tenancy, sort out the deposit and then start again with a new tenancy. I wouldn’t consider this unless I’d re-referenced the one who wants to remain to check affordability.
Thanks you, David. The contract is outside of its fixed term. Does this make a material difference to your feedback above? Best, Marc
It wont affect the surrender option, but it does give the tenants a second option, which is that any one of them can serve a notice to quit which ends the tenancy for both tenants provided its valid.
Once a tenancy is in the Periodic stage a 1 month notice to quit is only required from one tenant but the end date could end up nearly 8 weeks away depending on when the rental cycle started eg if the notice is signed on 16th of Jan and the tenancy startred on the 14th of Jan a few tears before then the end date would be 16 March not 16th Feb.
A deed of Surrender can be immediate though but needs all tenants to agree and all to sign it .
Obviously with the latter the Landlord has to agree to it which doesnt apply to the former.
Obviously after either the Landlord is free to issue a new tenancy in the sole name of any of the tenants .
I used the former when a couple split up acrimoniously and one partner went back to Poland and was uncontactable by phone or e mail.but the remaining partner wanted to stay in the property . I could have issued notice myself ie S21 but that is 2 months notice and requires a court order for possesion at the end