Updating post from Reddit.
Sorry for the basic questions, but a little help would be appriciated...
If you're renting to a couple , so the tenancy is in joint name as is the deposit, and one of them perminatly moves out, what, if anything, needs to happen?
Would the deposit need returning then redoing? Or can it just be changed? I assume a new tenancy agreement should be signed by the remaining person, or would the original still be ok? Is there anything else that needs doing ?
Theyre both jointly and severally liable for the rent. Nothing needs doing and peoples personal relationships are nothing to do with the LL. They may move back in next month.
In practical terms, if the one remaining tenant cannot afford the rent, then they should terminate the contract as per your AST and move out. If theyre in a fixed term, then you absolutely do nothing. Both parties are tied to the contract to the end of the fixed term irrespective of where theyre living. If theyre in a periodic tenancy (rolling month to month) then its up to the remaining tenant what they want to do. If they want to remove the joint tenant and take it on as a sole tenant, then they must terminate the periodic joint tenancy (notice period required) and potentially reapply as a sole tenant. They may not meet affordability criteria OP so you need to be very wary at this stage as to what you informally agree here as the potential for rent arrears may be high.
Edit to add: The deposit etc should only be dealt with when the original joint tenancy ends and a new inventory, meter reads etc should also be taken if your remaining tenant wishes to enter into a new sole tenancy with you as you would with a new tenant walking in off the street. Theres potential for other disputes also regards who smashed the mirror and when, if you do anything else.
Joint tenancy formally ends, property inspected, deposit returned, etc and only then new sole tenancy starts (as long as affordability criteria etc met)
Until the joint tenancy is formally ended both joint tenants are liable for damage as well as rent.
Thanks a lot for the response. The tenants have been excellent for several years and are now on a rolling thing,. I believe one party may have moved out a while ago, but there has been no interruption to payment, so I have no reason at this stage to believe there will be any difficulties going forward...but obviously I want to make sure I (and they) are covered.
From what you're saying, it sounds like, whilst I know one person has moved out, since they haven't asked for any changes I just go on regardless?
Yep, just go on regardless until you are formally approached re the tenancy. Its possible that your remaining tenant knows they may not meet affordability criteria as a sole tenant, so dont want to rock the boat and are happy continuing to pay. It could be the absentee tenant is in fact donating an amount toward the rent as part of their separation agreement.
Something may happen that prompts this needing to be resolved (if a new partner moves in you absolutely need to be notified as its classed as subletting or say the absentee tenant wants removing etc) but at this stage its not something you as the LL needs to action. As long as one tenant is occupying the property, youre good. (Your AST and your insurance should demand that its never left longer than 30 days unoccupied).
Its entirely up to the tenants how they currently arrange their living/financial situation and as long as either one of them is meeting the rent and their obligations under the AST, no action needs to be taken.
Not your monkeys, not your circus.
Then breaking up has nothing to do with you beyond potentially renewing in 1 persons name/renewing with the now expartner replaced by someone else.
Just like before, you can chase each of them for the full amount of any dues.
Just like before they both have the right to he property whilst the ast is in place.
If it's a joint tenancy, then if one tenant gives notice the tenancy agreement ends for both.
You need to accept notice to quit and advise that if the tenant wishes to remain they need to renew the tenancy agreement on condition that they pass the affordability checks etc. if not they need to find someone else to share the tenancy.
No one has given notice. All they have said is one has moved out. I said I'd have to look into if anything needs doing
Thank you!
This happened with one of my properties. The agents organised a new tenancy with the one who remained. Deposit rolled over. How they sorted that between them was not my problem.