My tenants are splitting up. What should I do?

my tenants are married and have been at my property for nearly 2 years. Have paid rent all the time. Now they are splitting up. Husband wants to stay at house. Wife has moved out. I assume I do a new tenancy agreement with him ? But what do I do about the deposit which I have in a deposit scheme ? I can just leave it there I imagine, but when the husband finally leaves ( which may be some years from now ) do I just leave it up to them to sort...

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Notice of Surrender

Introduction Where a tenant wishes to leave during a fixed term, or simply vacates without notice, this is an offer to surrender. A landlord may accept such a surrender or refuse to accept (see this article for much more detail). In the case that the landlord is willing to accept the surrender, it is best to have a notice to surrender from the tenants. A suitable notice to surrender is available here Notice to surrender by tenant to landlord...

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Saving Formulas in Notices

Garden Court Chambers has reported a recent Court of Appeal decision that further confirms the use of “saving formulas” in section 21 notices, Elias v Spencer [2010] EWCA Civ 246 What is a saving formula? When a notice is served during an assured shorthold periodic tenancy (including a statutory periodic tenancy), the landlord must expire the notice with a date that is ‘the last day of the period of the tenancy’ [s.21(4)(a)...

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Notices to Quit

Once again, thanks to the Painsmith Solicitor Blog for this article, original article here A recent Court of Appeal decision sheds light on issues relating to Notices to Quit by tenants. In Bradford Community Housing Ltd v Hussain & Kauser the Court of Appeal ruled on the validity of a Notice to Quit which contains a saving provision and on whether the acceptance of rent or holding back on enforcement can invalidate a Notice to...

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Tenant fails to leave after giving VALID notice and double rent

If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent that was due before the notice date expired. [s.18 Distress for Rent Act 1737]. This article explains the procedure for claiming double rent and for seeking possession when a tenant has given notice but failed to vacate. See also our...

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