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Question

Changing the Terms (England) | Joint and Several Tenancies (England)

How to go from joint tenancy to single

4 Jun 2018 | 3 comments

Hi, Just been informed my tenants marriage is over and he has moved out. She(and 2 young children) want to stay renting and they have no bother for the last year. How do I change the agreement ( was 6 months now monthly) into her name and sort out the deposit. Everything is in joint names. The rent has always been paid from her bank account. Thanks

Answer

3 Comments

  1. guildy

    The only way to do this is by way of a new Tenancy agreement in the single name.

    The deposit will need us protecting and then re-protecting in the new single name.

    • ali79

      ok so do I just destroy the old agreements?
      Is he entitled to half the deposit back even though she paid it from her bank? If not he needs to write me a letter confirming this?
      Many Thanks

  2. guildy

    You should never destroy agreements immediately but instead you should retain them for 6 years in case of HMRC investigation.

    In addition, their ID you copied for Right to Rent checks (passport etc.) must be retained for at least 12 months after the tenancy has ended under the legislation.

    The ideal way to deal with the deposit is to release the whole deposit to you (if they will agree) and then protect it in the single name. They can sort between themselves if one of them thinks they are entitled to half.

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