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  • Buy-to-Let

    Surrender of tenancy

    One here for the legal eagles. I have a couple of tenants who are not married but have been our tenants for over five years. They have split up and he is being deported as there is an arrest warrant out for him in his own country. He may not be contactable to surrender the tenancy. The question is this. Can the remaining tenant ( we want her to stay) surrender the original tenancy on behalf of both of them and then sign a new tenancy in her own right.
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    I'm not a legal eagle, but if both you and the remaining tenant want the same thing, couldn't you just serve a Section 21 notice and the moment that notice expires issue a new tenancy agreement in her name only? That way the missing tenant is not an issue.
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    A surrender has to be all parties.

    If it's periodical/rolling then she can just serve one month notice, however, if you are still in a fixed term then both tenants would have to agree to a break etc.

    Edit: I have a similar issue and am counting down the months until we can get a new tenancy with the single remaining tenant.
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    (03-07-2015 12:03 AM)badbobby Wrote:  A surrender has to be all parties.

    If it's periodical/rolling then she can just serve one month notice, however, if you are still in a fixed term then both tenants would have to agree to a break etc.

    Edit: I have a similar issue and am counting down the months until we can get a new tenancy with the single remaining tenant.

    I have a similar situation. I've been told by a qualified (NFOPP) person that in the statutory periodic, the tenant who will remain can serve one month notice and request to end the tenancy immediately, to which the landlord can agree; then the new rental agreement can start immediately in the name of the remaining tenant.

    I am wondering what should happen to the rent paid in advance if this is done? As the tenants had joint and severable liability, does that mean it can be returned to the tenant that remains, or does it have to be split 50:50 between the two joint tenants?

    any thoughts would be much appreciated.
    Linn
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    I guess you mean the deposit, not advance rent? If so then there is a lead tenant to whom the deposit should be returned, which might not be the tenant that stays.


    Ps it's joint and several Wink
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    hi Bobby
    many thanks for taking the trouble to reply. I appreciate it.

    My question was about advance rent, not the deposit (although I have asked a question about the deposit on another thread).

    In this case, because of problems with one tenant that escalated to the police, the tenancy has had to be cut short leaving two weeks rent overpaid by the couple. I was hoping someone might know if the rent paid in advance had to be shared between the two parties on that earlier rental agreement, or preferably, given back only to the remaining tenant?

    thanks again
    Linn
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    Assuming that the tenancy is periodic and that you wish to continue letting the property to the remaining joint-tenant what you can do is prepare a notice to quit (as to be given by the remaining joint tenant) and a new tenancy agreement (in the name of the remaining joint-tenant).

    Make sure that the expiry date of the notice is correct, and draft the tenancy agreement so that the new tenancy starts the day following the notice's expiry.

    Then, have both signed by the remaining joint-tenant.

    That way the existing tenancy will end upon the notice's expiry and a new tenancy will seamlessly replace it.


    Regarding advance rent: if a surrender occurs mid-period the tenant is not entitled to any refund at all.
    If a refund is agreed you can ask them to tell you where to send the money.
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