My married tenants took out a reposit deposit scheme when they moved in. Last year we heard that the wife had moved d down to London to look after her sick mother. I contacted her and she confirmed that her mother was sick. I replied that if she was moving out permanently we would have to form a new tenancy agreement. She told me to contact her husband about it. He never confirmed and no formal notice of her diaries was ever given. Now he has left, without notice and in rent arrears. I contacted reposit who have them 7 days to respond to my claim. They didn’t! Turns out the reposit was linked to her bank account and they have withdrawn the money from her. She is now taking legal action against me for not formally changing the tenancy. Any advice much appreciated
You don’t have to worry
If the tenancy was in both spouses names and never changed that’s not a problem
It is to your advantage. She is joint and severally liable so you can pursue her for rent arrears
Lucky for you not so lucky for her
You gave them an opportunity to get out and they didn’t so it’s not your problem but theirs !
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It was never in your interest to change the tenancy for this very reason.
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