A couple has rented our house for 2 years, they’ve been excellent but their relationship has since broken down. She wants to keep renting with the kids, and change contract to just her name. We’ve heard nothing from him but sounds like he wants to make life difficult for her and wants her to leave the rented house…. But he hasn’t told us this… where do we stand with allowing her to take over sole rent responsibility without any contact from him and or where do we stand with taking him out of the agreement?
I would do your checks as if she’s a new tenant. At the end of the day you need to make sure she has the means to pay the rent on her sole income.
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The current tenancy has to be properly terminated and deposit returned etc. You will then need to create a complete new tenancy and only consider the existing tenant on her passing affordability checks etc. This has been discussed many times. Please read some of the historical posts on this subject which may cover what needs to be done in more detail.
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Thank you, yes it was more how to approach the partner who has told her to leave… but he hasn’t made us aware of anything. Do we approach him or let it run? Tenancy agreement is coming to the end, but we understood they still needed to notify us of an intention to leave?
As the tenancy agreement is coming to an end you can initiate the dialogue by asking them what their intentions are going forward or even how you want the tenancy to continue i.e. renewal, continue on a periodic basis or end it. You may even want to increase the rent if the tenancy is to continue.
What do you want to happen? Can she afford the place on her own? Rent and all bills and probably most of the day to day living costs with the kids? If he wants out then he has to serve a valid notice, which he can only do when the tenancy is periodic. I wouldnt let him off the hook otherwise. If he does serve a valid notice then the tenancy ends for both of them and you can then decide whether you want to grant her a new tenancy.
You can’t remove him from the tenancy without his written consent. Both tenants are jointly liable, so to transfer the tenancy to her name only, you’d need a surrender of the current agreement and a new tenancy in her name, with his agreement. Without contact from him, your safest legal option is to continue the joint tenancy until he engages or the term ends.
This isn’t correct. If it is a joint tenancy she can give notice to terminate the agreement, and this terminates it for both of them. If you agree, she can then sign a new tenancy in her sole name.
His agreement to either of these is not required