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Question

During the Tenancy (England) | England | When and if Tenant Can Leaving During Tenancy (England)

Tenant’s partner has moved out in month of tenancy. Deed of surrender?

17 Mar 2022 | 1 comment

Not even 3 months in and my tenant’s partner isn’t coping with his new parental responsibilities so has apparently moved out of the property. The remaining tenant is on maternity leave so will need to apply for universal credit as she doesn’t want her partner paying for anything. I have told her they are both currently liable for the rent. Universal Credit has asked for a letter from me confirming that the remaining tenant is now the sole occupier but I don’t have proof of that. They won’t process her single claim without proof that he has left so am I best getting both to sign a deed of surrender and then issuing her a new sole tenancy agreement from 20th March (rent due date)?

She had originally said she had enough savings to tide her over until the end of the 6 month term tenancy but must have changed her mind about using them. Do I leave her to sort it out herself? If I do issue a new agreement, the landlord has said he won’t pay as it’s not his problem, is it classed as an amendment meaning I could charge her the £50 fee?

Answer

1 Comment

  1. guildy

    We think any notification from the outgoing tenant would suffice (i.e. email confirmation). We don’t believe the deed of surrender is necessary as that’s typically used for early termination of the entire tenancy (i.e. if they were both leaving). It would help if you tried to include “no intention to return”, which is essential.

    We agree that you should do a new tenancy in the sole name and starting from a rent day is the best idea where possible.

    Regarding Universal Credit, you can be truthful and use words like “it’s my understanding [person x] has vacated with no intention to return”.

    We agree this is a variation at the tenant’s request, and as such, a charge can be made. Keep in mind it’s not a flat fee of £50 that can be charged. Your “reasonable costs” can be charged, and anything over is prohibited. The £50 appears to be the maximum that can be charged (so if reasonable costs are £80, only £50 can be charged).

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