Joint 12 month Tenancy with 6 month break clause( at month 4) and a Guarantor.
Date commenced 1st September 2025.
The 6 month break clause earliest date for notice is at 31st December 2025 with Tenancy ending on 31st February.
My questions are:
The lead Tenant ( from a income perspective) has just served notice on 17th January 2026 stating that they wish to be removed from the contract and the remaining tenant will continue.
I don’t believe that only one tenant can do this. it has to be both. It will be open to discussion .
They are asking how to proceed.
My issue is that the remaining tenant is likely not to meet affordability. I will obviously question this but if she cannot support it I will have to ask them both to leave the T.A.
The deposit? In joint names at present.
The Guarantor is a close friend of the lead tenant.
Researching further I believe the following is possible:
If the remaining tenant can afford the rent. I can renew the tenancy in open rent , change the tenants, guarantor and deposit details. Also I can request new referencing from the remaining tenant. The tenant remaining will have a pay back their share of the deposit to the tenant leaving. A inventory check out will have to be conducted and a new check in done.
A “ Deed of surrender” for the original Tenancy will have to be signed and then have a new Tenancy or Renewal ? for the remaining Tenant.
Finally assuming the Tenant can’t afford to pay the rent on her own then I will have to ask them both to give notice to quit the Tenancy. If they don’t then serve the section 21 on them both to gain possession.
Note re notice period:
Also noted is that time frame -
As they served the notice mid month I assume that they are liable for rent unto 31st March?( in line with rent payment dates )
T.A abstract:
“The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a date which is not the last day of a rental period, the rent due for any incomplete rental periods will be apportioned accordingly.”
@David26 anyone can ask to amend a tenancy agreement but all parties would need to agree and sign the amendment. You can charge a small [justifiable] fee for the amendment [think £50 is suggested elsewhere]
I’d suggest first arranging to meet both, and checking the referencing you did originally for 2nd tenant to see whether they will be able to afford (if rent more than 30% of 2nd tenant’s gross income, say). If not, then discuss with both tenants and say that because you think 2nd tenant cant afford the rent, if first wishes to give up the tenancy then it has to end and both will have to leave.
If tenant 2 thinks they now can afford, then they need to explain how their circumstances have changed since 1st referencing report, and pay for a new referencing report. You can then decide what to do
Is the earliest date that the tenants could vacate by if sufficient notice is given. However the earliest date for notice has passed . A bit hyperthetical atm as only one tenant has given notice anyway.
[from citizens advice [google If you want to end your private tenancy citizens advice]
“If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. It’s important to be aware that if you end your tenancy it ends for everyone.”]
yes that’s what i said, as it’s a 12m so a fixed, it’s not yet periodic so you were right they all need to give notice, otherwise tenancy continues and they remain severally/jointly liable for the rent unless both they and you agree a contract amendment to remove one from the tenancy agreement
It usually requires both tenants to serve notice under a break clause. If that’s the case here, the notice is invalid. You cant accept the notice and should ask him to speak to the other tenant and come up with a joint proposal, which would mean notice from both and may or may not mean a new tenancy for the other tenant if he passes affordability checks.
Normal procedure is for deposit to be in the name of lead tenant. See this from shelter:
A deposit paid by joint tenants is usually protected as a single deposit. The scheme can ask you to choose a lead tenant as a named contact when this happens.
The AST may well list the shares of the deposit but as far as the deposit scheme goes, one tenant is named on the PI. Do you have both tenants’ names on the PI?
I am in exactly the same boat. The lead tenant whatsapped me separately to the joint tenant group, asking what would be the process if he were to move out. I replied with 3 options - 1. early surrender for both, 2. he finds a replacement with references etc 3. I could advertise as a houseshare for remaining tenant. They are always late paying but that’s ok, I know they work hard etc.
My questions is - do you have to have it in writing that they want to leave?
It’s all gone quiet from lead tenant and I’ve offered to go and chat to them both. I don’t want to issue anything until I have a definite decision from him, but I’m worried he’s going to stop paying (rent due today and already behind).
(The second tenant is panicking and I’d like him to stay but I don’t think he can afford it. He keeps postponing a meet up.)
I know… you’re right. I’ll suggest it. It’s always when there’s a 5 week month. Then they pay the full amount. In arrears of £375 now though…They’ve been there almost 2 years and the place is immaculate inside, garden is wild but I prefer that to butchering it.
I’d insist on it politely but firmly, in writing, mentioning that delayed rent is a breach of the tenancy agreement (which should stipulate the day they’re supposed to pay) and causes you an administrative burden every month as you monitor it. If things go south then at least you have a paper trail.
I issue rent receipts each month. If I had a tenant who was consistently paying late, this would be noted on the rent receipts. Again, it creates a paper trail and is useful history if you need to back up a legal argument at any point.