Tenant split – the technicalities There are certain administrative procedures for formalising the situation. Firstly, ‘Elly’ didn’t want to sign a new month tenancy just in her name so this was my starting point. What landlords should be aware of is that the tenancy was and remains a joint tenancy.
I frantically sent my tenant a text-message saying that rent hadn’t gone through as it usually does, and enquired whether there was problem (there obviously was). He notified me that he had split up with his girlfrien and it was from her account that the rent used to go out from. If you're experiencing domestic violence or you feel unsafe in your home get advice immediately. Your rights depend on the type of tenancy you have. Can I leave my partner on my tenancy agreement?
What should a landlord know about a joint tenancy? When to split with partner? In my opinion, I always believe it is better to be open minded in these situations. If you handle your tenants well, you may get them back, or keep one of them long term. If he left at the end of the fixed term he is simply entitled to walk NO MATTER WHAT CLAUSES MAY BE IN THE AGREEMENT DEMANDING NOTICE, IF ANY.
If you’re both named as tenants , you’ll be ‘joint tenants ’ and have the same rights. If one of you is named as an ‘occupant’, you won’t have the same rights. If your ex-partner moves out, they can move back in at any point while they’re still named as a tenant on the contract. My tenants advised that they have split up. Miss T wishes to remain at my property , but wants Mr T removed from Tenancy (its on periodic).
If your split is final, you have to think in terms of ultimately jointly selling your property or one of you buying the other one out with one of you remaining in the property. Can I force the sale of a jointly owned property? The landlord or claimant can apply for an Alternative Payment Arrangement (APA) Managed Payment to Landlord (MPTL) at the start of a claim or at any time, which will be considered on a case by case.
You can’t go wrong in giving yourself time to think. If you’re not sure how to handle something, ask a landlord-tenant attorney. Tempting as it may be, don’t get pulled into the couple’s bickering. Don’t tell one what the other is saying. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord.
If you have a joint tenancy agreement with more than named tenants , your rights to serve a notice could be different. You can split ownership equally between you (50:50) or you can decide that one of you will own more than the other. Many cohabiting couples own their property as ‘tenants in common’ (or joint owners in Scotland).
However, not all do, so it’s best to check. She has requested a change to the - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. I put the DPS deposit in the mans name as lead tenant , he has now left.
The tenancy is now a periodoc tenancy and is in both names. Due to a housing benefit claim the housing department now want the tenancy to be changed soley to the female. Im happy to do this but I want to keep it a periodoc tenancy.
A It is sensible of you to have a deed of trust drawn up so that you can set out, among other things, what share each person owns, who is responsible for paying what and the procedure that should. If you are the person named in the tenancy agreement you can ask the other person to move out. This is due to her putting a fair chunk of cash in from a trust fund (30K if I remember from the intoxicated rambling).
No comments:
Post a Comment
Note: only a member of this blog may post a comment.