Question

Joint tenants have split up, one moved out

26 Jun 2018 | 3 comments

Joint tenants in month three of a six month AST (using your tenancy agreement). Small child and dog. Deposit was paid by Tenant B’s mother, who is noted as the relevant person (deposit is with DPS custodial). Rent is up to date, although first two months rent were both one day late. Mother’s of both tenants are Guarantors.

Tenant A has phoned to say they have broken up with Tenant B, but wishes to remain in the property with the dog. Tenant B and small child have moved out.

According to Tenant A, Tenant B’s mother wants the deposit back, although no contact has been made by Tenant B yet.

What is the best way to approach this?

I presume we could sit tight until the end of the fixed term and sort it then, or mutually agree with both tenants to end the tenancy early and prepare a new six month tenancy for Tenant A?

Answer

3 Comments

  1. guildy

    You are absolutely right. It’s up to you what you do. A single tenant of joint can’t give notice during the term.

    You can therefore sit tight until the end of the term or, sign up on a brand new tenancy with tenant A.

    If you do a new tenancy (either now or later), you will need to unprotect the deposit and reprotect in the single name.

  2. npdl

    If we did a new tenancy now, are there any risks in doing a three month tenancy for Tenant A? Does the first three months count for anything, or is it treated as a completely new tenancy in law? Property is in Wales.

  3. guildy

    The problem with a 3 month tenancy is if they remain beyond the term into periodic and then leave without giving proper notice, you will be liable for Council Tax from the date they say they leave and not from when you determine the tenancy is at end. If they give proper notice, this doesn’t really matter.

    The first 3 months wouldn’t be counted for anything as it would be a brand new tenancy and not a renewal.

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