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One tenant leaving joint tenancy, new agreement or just written notice?

Started by Mr X, June 16, 2012, 09:23:38 PM

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Mr X

Hi All

5 months into a 12 month joint tenancy, one of the tenants wishes to leave and has given once months notice.

The remaining tenant has already stated he is happy to remain as the single tenant and will continue with the rent. (Rent already comes from his account). I am happy with this, so we both verbally agree.

However, legally what process should i adopt? Do I have to issue a new tenancy agreement, or can we get away with the tenant writing to me explaining the situation, and me writing back saying I accept the change?

The remaining tenant was always considered the primary tenant. The deposit was registered under his name only, he would be responsible for rent, and so I only referenced him prior to the tenancy, not her. I had also considered not even including the second tenant on the tenancy agreement (one who is about to leave), but I thought I should as she is living there also.

Any advice would be appreciated.



Jeremy

Hi Mr X.

I think I'd probably go on the cautious side and
+ Recind the existing AST by mutual consent in writing
+ Offer a new seven month long AST in a single name, which replicates the period originally offered by the twelve month one.

I'm just cautious like that.