UK Landlord Forum / Life

So, the original tenancy agreement was signed by a couple - they have two small children - but are not married.  Now the guy has moved out and wants his name  removed from the tenancy agreement and a return of the bond.  The girl has continued to pay the rent - but I suspect that she has help from her parents.  I have not had any communication from her..  Where do I stand legally?  Do I have any obligation to help this couple resolve their problem regarding the tenancy agreement?

Is this in the UK?

The term bond makes me ask.

In the UK, the agreement is joint and several, so any liabilities arising can be claimed from either or both, whilst it is still valid, therefore you dont HAVE to do anything.

Hi Boboff, Yes this is in the UK.  Thanks for your reply.  I use an agency to find me tenants and they are trying to make this my problem.  The departing tenant has given notice to me and to the agency stating that he no longer lives at the property - but the residing tenant, his girlfriend, is still living at the property and is paying the rent each month.  So as a landlord, I'm not really experiencing any problems.  It may sound simple, but I'm stumped as to how to resolve this.

I'd decline to remove his name from the tenancy agreement and I'd decline to return any of the deposit. They both signed up to the agreement and it is in your interest to have them both named on there, so you can chase them both if you need to. If the remaining partner wants to or agrees to sign a new tenancy agreement with a new deposit being paid etc. and you think it's feasible for them to do so, you could work to this as a solution. But, as boboff said, you don't have to do anything... certainly nothing that might expose you to risk through trying to be accommodating.

I think I would be doing what I could to arrange a face to face with the remaining Tenant to at least find out what their plans / desires might be.

Plus, when you think about it, if it was a mortgage, he would still be legally obliged to service this obligation, so why should a lease agreement be any less onerous on the person leaving.

I wouldn't worry about it at all now. Just a generic, well we'll see about changing things the next time the tenancy comes under review ( which if no problems, will be when the other one moves out)

Well, as already state you DON'T HAVE to to anything. I assume it's a joint tenancy with both their names on the lease, thus by standard law, he can't just leave and demand whatever it is.
The tenancy is still valid and it will be until you're served with a months notice (or whatever your term is); you agree to the tenancy being terminated; you decide to evict all the residents.


Now if you want to help them out and really resolve this problem for everybody, you can terminate the contract between you and the tenants, returning the deposit split to them both (unless you need to deduct), and, when he's gone and out of your business, you can begin a new tenancy with the mother in her sol name.
That would be the perfect situation where everybody gets what they want and you act a little in their favour as to keep it all smooth and running.


As for the the woman and her children, I advise you to contact her immediately and set up a meeting to discuss this same subject as well as to check up on your property. Family splits are harsh especially when there are children in the relationship as well. Don't expect it to be licked clean and shinning as she probably has a lot on her plate just about now.


Of course, none of this is an actual responsibility to you, as both he and she should obey the contract they've signed, or face penalties. You can just keep to your business as you've done before, unless the payments stop coming or some other resulting catastrophe takes your property as it's raging ground.


I simply think it will be in your property and yours best interest to resolve this peacefully and satisfy everyone.
Regards,
Bob Tenant @ Bob's Tenancy Cleaning London