Tenants splitting up, one has left - legal issue

Landlord Discussion
1

Would appreciate some advice. I have 2 tenants living in a flat I own. They were a couple, but just before Xmas they had a huge row and split up, with the police being called and him given a restraining order. He hasn’t lived at the flat since Xmas day.

She wants to continue the tenancy on her own.

However he has ‘warned’ me that she has alcohol problems and will struggle to pay the rent. Although he could be saying this out of spite due to the relationship ending.

I’m happy to let her stay, but would prefer that it continued on the one month rolling contract basis that it currently is.

He has emailed me with confirmation of his wish to leave the tenancy.

She wants a new 6 month contract.

I am reluctant.

Ideally for me she can stay on her own, but still on the rolling monthly basis.

Is there a way to simply remove the guy from the tenancy on OpenRent without having to basically start from scratch with a new AST agreement for her?

Thanks

1 Like
2

Don’t remove him as he remains liable

2 Likes
3

If it is a joint tenancy, one tenant serving notice to leave would end the tenancy for both of them. If you agree for the other tenant to remain it will require a new tenancy whether using Open Rent or not.

1 Like
5

I had a similar incident and after the remaining tenant passed affordability checks, I just made an addendum to the existing contract.

6

Ian43

I suppose what you did might be okay although if the departing tenant had made a contribution to the deposit it would complicate things. The deposit would have to be refunded and a new tenancy created.

7

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.