LandlordZONE

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Oct, 2014

Thursday

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  1. #1
    Join Date
    Sep 2005
    Location
    Rugeley
    Posts
    8

    Cool Removing partner form tenancy agreement

    Hello All,

    I have been renting a property to a married couple for just 12 months on a 6 month short term tenancy agreement.

    I have recently had a phone call from one of the tenants requesting that i have the other removed from the tenancy agreement..........

    asking wether the other tenant was still living there the reply was yes at the moment until i can have them removed from the agreement they can not get accomodation else where?

    I have told the tenant that if this is the case, he will need to get written permision from the tenant to be removed signed before i can redo a new tenancy agreement in just his name.

    is this legal

    Many thanks
    rrrtc

  2. #2
    Join Date
    Feb 2005
    Location
    London
    Posts
    3,583

    Default

    Give them both two months’ notice by issuing a s21 notice. If they do not leave voluntarily you will have to go through the court process. Treat them equally.

  3. #3
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Quote Originally Posted by Poppy View Post
    Give them both two months’ notice by issuing a s21 notice. If they do not leave voluntarily you will have to go through the court process. Treat them equally.
    That might sound a bit confrontational, not sure it's appropriate or necessary in this case.

    If they are both in agreement, and you are in agreement, you can prepare a deed of assignment where the tenant that's leaving is taken off the agreement and the remaining tenant accepts full responsibility for the tenancy. Do consider whether you think the remaining tenant will be good for the full rent though. If you're not sure, then S21 (IMHO) is probably the most sensible option for you.

    I'm sure saw a link to a deed of assignment that you can purchase somewhere on the main Landlordzone site...

    Of course if they're NOT in agreement, S21 seems to be the only option.

  4. #4
    Join Date
    Sep 2005
    Location
    Rugeley
    Posts
    8

    Default

    thank you for your advice

    They are both in agreement, and I am in agreement, i think that i will prepare a deed of assignment where the tenant that's leaving is taken off the agreement will i be able to actually leave the origional tenancy agreement in place having had the deed of assignment witnesed and signed or will i need to prepare another tenancy agreement actually removing the name of the 2nd tenant?


    The 1st tenant accepts full responsibility for the tenancy. and has always been good for the full rent.

    Many thanks rrrtc

  5. #5
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Quote Originally Posted by rrrtc View Post
    thank you for your advice

    They are both in agreement, and I am in agreement, i think that i will prepare a deed of assignment where the tenant that's leaving is taken off the agreement will i be able to actually leave the origional tenancy agreement in place having had the deed of assignment witnesed and signed or will i need to prepare another tenancy agreement actually removing the name of the 2nd tenant?


    The 1st tenant accepts full responsibility for the tenancy. and has always been good for the full rent.

    Many thanks rrrtc
    Do double-check, but I believe the Deed of Assignment serves as an addendum to the original tenancy agreement. So the original terms and conditions still apply, just now it's only to one person instead of two. So if the original agreement came to an end in 3 months you don't have to issue a new 6-month agreement, the original dates are still applicable, as are all the other Ts & Cs.

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