Hi there. My tenants have separated and the lead tenant has moved out.
I think the remaining tenant wants a new contract with them as lead tenant.
Can I remove the lead tenant and the keep same contract? Or does the lead tenant need to give notice for me to remove them from the contract?
If a new contract needs to be created, does this mean we will need to start again from scratch, ie. return deposit, do finicial searches etc?
If so, what cost is involved and is it the landlords or tenants responsibility to pay for this?
Many thanks in advance
You cant easily alter the existing tenancy, so you would have to go through the full process of a new tenancy. The existing tenancy is still in force. Is it in the fixed term or periodic? If fixed term then it can only be ended by a surrender signed by both tenants. If periodic then either tenant can serve a valid notice to end it. You cant issue new tenancy until the old one ends.
Are you sure the remaining tenant can afford it on their own? You may need to re-reference them first.
Your best bet at this stage may be to do nothing. The existing tenancy will still continue and the tenant that has moved out is still equally liable for the rent so you have a second person to sue if the remainer defaults.
Thanks for your advice David.
It is periodic. I have spoken to the tenant and believe they can afford it.
If they insisted on a new contract, would it be the tenants or landlords responsibility to pay for it?
If they insist on a new tenancy then they have to serve a notice to quit on you first and you should convey this to the person who has left so that they are aware that the tenancy they are part of will end.
You are allowed to charge the tenant your actual costs for granting a new tenancy, but only the costs and no more under the Tenant Fees Act.
Thanks David for all your help and advice
You can remove a person from DPS, but should only do so with their written agreement
In my case, the remaining tenant paid the whole deposit anyway, but if it was shared, it’ll need to be sorted. Legally, it’s quite complex, as mentioned above, the existing tenancy ends
I set up a new tenancy, got a new application form and a new guarantor and then sent all the paperwork for a new tenancy, certificates etc, including Deposit paperwork, even though no monies changed