Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
powered by bulletin

Question

Ending a Tenancy (Wales) | Wales | What to Do if the Tenancy Is to Continue (Wales)

Joint tenancy – one tenant has moved out

19 Apr 2021 | 8 comments

Hi,

Tenancy is a joint tenancy (a couple with two children) and the one tenant has moved out after a breaking up with the other.

Remaining tenant wishes to stay in the property and has asked for the other tenant to be removed from the tenancy (which we are happy to do). No contact has been made by the other tenant.

TA is the Guild’s agreement.

I’m aware that either of the joint tenants can give notice to end the tenancy, but does the notice have to run its course (to expire on a rent day) before a new tenancy can be issued, or can the tenancy be ended immediately by agreement with the remaining tenant only?

There is also a deposit (DPS Custodial scheme) – will this need un-protecting / re-protecting and new prescribed info issuing? If so, should the condition of the property be assessed before returning the deposit, or would the remaining tenant assume liability for any damage when they come to move out?

Finally, the EPC for the property has just expired. Will this need to be renewed before a new tenancy is issued to the remaining tenant?

Thanks for your help!

Answer

8 Comments

  1. guildy

    Before ending immediately, you would ideally need consent from both parties. Otherwise, it might be better for the remaining tenant to give formal notice and then start the new tenancy from when that expires.

    The deposit will need unprotecting and re-protecting because there is a new composition of tenants.

    The EPC isn’t quite so clear and we would definitely play it safe and get a new one because of the severe penalty of not being able to serve a section 21 without one.

    If this were just a renewal between same tenants, landlord and property, a new one wouldn’t have been needed. However, because the composition of tenants is changing, it’s not technically a renewal. Generally an EPC is needed for a “prospective” tenant whilst marketing for rent which there isn’t either in this case. But, we would still get one done to be safe due to the possibly of a major argument if possession were ever needed later.

  2. npdl

    Thanks – that’s very helpful.

    One other thing – current deposit it 1.5 months rent due to tenant having a pet. Presumably the new deposit could only be a maximum of 1 month’s rent (property is in Wales)?

  3. guildy

    There’s no maximum deposit in Wales (except you should never take more than 1/6 annual rent).

    We hadn’t just realised was in Wales so the EPC and section 21 also doesn’t apply to Wales (but still a requirement to have an EPC same).

  4. npdl

    Thanks again – I forgot that the Welsh Government hadn’t set a limit on deposits in Wales (yet!)

    We’ll try to organise an updated EPC to be on the safe side. Presumably the risk of not renewing the EPC in this instance is limited to a potential fine from trading standards? Is there anything else?

  5. guildy

    Yes, that’s right about the risk

  6. npdl

    Hello. The deposit is in the DPS Custodial scheme, and was funded by the remaining tenant’s mother (who is listed as the relevant person).

    Is there a way to unprotect / re-protect the deposit without the DPS having to physically repay the deposit and the tenant having to pay it back? Can they transfer the deposit to the new tenancy?

    Thanks again.

  7. guildy

    The easiest way is to get it repaid to you directly and then you just re-protect.

    The tenant will have to agree but there should be no problem when you explain it’s going to be protected again immediately.

  8. npdl

    Great – thanks for the quick response!

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)