I have a property with a family in and the Parents are getting divorced and one has asked me to remove the other from the AST as they tell me this person has moved out. Can I just do this or do I need authorisation from the other tenant in question?
You cant just remove someone and what you can do depends on what stage the tenancy is at and whether theyre both named as tenants. If they are and the tenancy is still fixed term, then you either use a deed of assignment for both tenants tk assign to one tenant or they’d both have to sign a deed of surrender along with you and a witness. Youd then start again with a brand new tenancy. Either way you do a checkout inspection first and deal with any claims from the deposit before refunding the balance of the deposit.
If the tenancy is periodic then either one can end the tenancy for both with a valid Notice to Quit.
Thank you for amazing advice and knowledge. The tenancy is half way through a fixed term period. Can I charge for having to issue a new AST and for a check out etc I know I can’t normally charge for these things.
You can charge up to £50. I would strongly suggest you re-reference the remaining tenant to check affordability before deciding whether to offer a new tenancy. In the meantime, each is still liable for 100% of the rent.
Consider issuing a section 21 to coincide with end of fixed term. Statistically splits do not end up well for the landlord as their expenditure doubles
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