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  • Buy-to-Let

    Couple split - husband staying - new AST?

    Hi folks

    A quick question if I may.
    Tenancy has 2 adults.
    Married couple with a child have seperated.
    Original 6 month AST issued 2 years ago in both names,  so rolling contract for 18 months.
    Wife left and husband wants just himself on a new AST 
    Any issues on issuing a new AST for just him?

    Many thanks

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    Here did the wife go . Try contact her to see if she will give up tenancy.

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    If the tenancy is periodic he can give a notice to quit which is binding on both tenants. So, provided he can afford the rent, there is no problem with this.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Hi. Thanks fir the responses. Tenancy was 6 months then  rolling once the 6 months where up. So if he gives notice to quit, does that effectively terminate any legals from the current arrangement so a new AST with just him will be legal. I  will go and see him next week to discuss options but I want to ensure he or I ain't leaving his wife in homeless etc. I am sure he wouldn't but I will speak to him soon. May it be advisable to keep it as a rolling contract? Ie leave it as it is


    Thanks


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    At present both partners are jointly&severally liable for rent/damages etc - as both names are on Tenancy Agreement.

    As you intimate a new AST in one name only mandates fresh credit checks etc - and if that does not stack up maybe leave as is ie periodic.

    Husband may also have an added financial liability for wife/child - thereby putting his sole income under further pressure. One assumes though that was at least discussed before wife vacated the property with child?

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