Viewing 32 posts - 1 through 32 (of 32 total)
  • Landlords – couple splitting up
  • thepurist
    Full Member

    I rent a house out to a couple, both named on the tenancy. Fixed term is up so it’s a periodic tenancy. Mr tenant called me today to say things aren’t working between them, he’s moving out and has given my details as a reference which is fine as he’s actually worked on improving the house since he’s been there. I’m not convinced Mrs tenant can cover the rent alone but haven’t heard from her yet.

    No agents involved and I’ve not been through the detail of the agreement yet, but wwstwd?

    ads678
    Full Member

    I also rent a house out, I don’t like to call myself a landlord!! I’d speak to lady tenant and ask her for proof she can cover the rent on her own, and/or get her to sign a contract stating this and see if she can provide a guarantor.

    colp
    Full Member

    Give her the benefit of doubt with new 6 month let in her name but good guarantor.

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    gonefishin
    Free Member

    Would this not be a case of joint and several liability so either of them can be chased for the rent?

    Not exactly a great outcome for the bloke involved I agree but that’s the way things go sometimes.

    martinhutch
    Full Member

    In theory they’re both liable unless you draw up a new tenancy agreement just for her. However, if it’s a rolling month;s notice contract, it at least gives you a chance to see if she can pay before you decide whether or not to end the agreement. Have a proper conversation with her about affordability.

    tjagain
    Full Member

    How tight are your finances / how much profit are you making / have they been good tenants?

    If they have been good with you I would cut her a bit of slack if financially viable for you because I don’t like kicking someone when they are down ie her relationship has ended so don’t make her homeless as well.

    thepurist
    Full Member

    Partly my thoughts tjagain, not comfortable heaping the threat of eviction onto what’s already a trying time, but there again it’s a contract they’ve entered into so should be honoured.

    JoeG
    Free Member

    Is she fit? 😉

    n0b0dy0ftheg0at
    Free Member

    It might be better for both you as the landlord and Ms Tenant to keep the periodic tenancy ongoing, giving you the option of giving her two months notice, or her giving you one months notice. She might not fancy staying there much longer, memories of now dead relationship etc.

    Maybe she is about to apply for Housing Benefit, paid to her, to help cover the rent?

    It sounds like Ms Tenant will now be the only adult, in which case she can make her money go a little further by notifying the local council of the new situation and getting a 25% Council Tax bill. Equally, she may be eligible for Council Tax Benefit.

    Has Mr Tenant left immediately before rent day? Is he giving Ms Tenant his share of the deposit, to help cover the ongoing costs following his “sudden” leave? It’s certainly a complicated situation with one tenant leaving while the other appears at the moment to want to continue being there.

    Marin
    Free Member

    I’d go with tjagain option if you have a chat and she wants to stay. Good tenants and good landlords can both be hard to find sometimes.

    rickmeister
    Full Member

    As above.
    New rolling contract
    Go round and have a chat
    Check deposit situation
    Check re social services etc etc
    Check if someone else is potentially moving in

    Cut a bit of slack if needed as a tennant in the property at a slightly lower rent must be worth more than the hassle of finding new folk.

    jambalaya
    Free Member

    OP so what is happening with the security deposit ? I’d be vary wary if he wants his half back. As a minimum Mrs Tennent needs to cover that IMHO. I would ask her straight if she can afford the rent and what her plan is. Do you mind her sub-letting a room for example ? I’d see how it goes but if she starts falling behind with the rent she is going to have to go.

    mattyfez
    Full Member

    I split with a girlfriend years ago, simmilar situation.
    We were both working though, so basicaly, we got the landlord round, he agreed no deposit issues with the current condition of the house, so she paid me half the deposit back, and took over the lease and deposit that the landlord held.

    cozz
    Free Member

    she’ll get the new fella in there soon, so will be able to keep paying you 😀

    tjagain
    Full Member

    Certainly no deposit return – you need the deposit to protect yourself.

    If you are going to think about being generous then set a limit to your generosity and stick to it.

    Keep her on the rolling tenancy for now

    thepurist
    Full Member

    Thanks all, a good variety of suggestions there. I’ve only heard his side so far and it seems he’s walking away, nobody else involved . I’ll see what she has to say in the next day or so. Am inclined to cut some slack while it’s sorted out, but keep that slack within strict agreed limits to avoid any p taking.

    tjagain
    Full Member

    I would also say not to tell her you will cut her some slack

    poolman
    Free Member

    I am a ll and often thought what I would do in this circumstance.

    If the tenants have been good, respectful and caused you no hassle I would let her stay on on the periodic contract. If she can’t afford the rent on her own I would give her 3 months to pay what she could afford, with any shortfall to come out of the deposit.

    If they have been a pain and the house will relet easily, sad to say but I would serve my 2 months notice.

    Hope it works out for you and the tenant.

    scotroutes
    Full Member

    Check if someone else is potentially moving in

    Oh aye? You flash git!

    suburbanreuben
    Free Member

    I’d keep the tenancy as it is, complete with husband liable for shortfalls. The wife may struggle to pay the rent on her own through, presumably, no fault of her own.
    Gives you the option of chasing him if need be.

    cornholio98
    Free Member

    If I was the tenant I would be expecting to have to pay the full rent at the agreed upon time as per the standing contract. When I used to do house shares this was always the case. If someone moved out then the rent did not change we just had to stump up the extra.
    Depending on the rent and the wages in the area you should have an idea regarding affordability for one person.
    If you have any concerns then it is better to have the discussion on affordability sooner rather than later.

    Cougar
    Full Member

    ‘m not convinced Mrs tenant can cover the rent alone

    This is an assumption surely? Isn’t it a non-issue until you’re proved right?

    totalshell
    Full Member

    What you need need to do is terminate the current tenacy agreement and start a new one naming the remaining tenant as sole tenant after concluding all issues from previous agreement so return deposits etc. and expect new bond/deposit and references from ‘new’ tenant. this is business like but very much in ALL parties interests in the long run. DONT just let it continue as is DONT>>.

    Pawsy_Bear
    Free Member

    What you need need to do is terminate the current tenacy agreement and start a new one

    this, remind the guy that the current one remains inforce until its end or until the remaining tenant enters into a new agreement. They are still both liable for the rent. The remaining tenant goes through the normal process to start a new agreement.

    Tell her to apply to rent the property through your agents in the normal way.

    NZCol
    Full Member

    I’d maybe have a shave, grab a bottle of wine and nip over to discuss the situation.

    Edukator
    Free Member

    Your property, her home

    I’ve done quite a lot of “slack cutting”

    I’ve twice rented to African immigrants. One was year in arrears but then got a job and was up to date with his rent when he left. The other left owing 5000e when the electricity was cut off because he wasn’t paying his bills either. The current tenants have just paid off 10 months of arrears. 🙂

    I sleep easy.

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    themilo
    Free Member

    Slight thread hijack but just for anyone renting a property in Wales I’d advise getting up to speed with the “new” Landlord legislation and how it relates to LL legal requirements to notify utility companies of tenant changes. You’ll be held liable (actiually this may just relate to water charges, I can’t remember) for any period over 21 days if the change isn’t notified. Also, If you personally live in Wales you’re required to register as a LL under the “rent smart Wales” scheme by some point in November. Apparently your right to rent as a LL can be legally removed if you don’t comply. I doubt that’s the first sanction but it seems it could happen. Just thought I’d share. Apologies if you were already aware.

    poolman
    Free Member

    Best advice from nzcol.

    If you terminate and issue new Ast to 1 tenant who may or may not be able to pay, then it’s a 6 mth min contract with a higher risk of arrears than with 2 salaries.

    If you let her stay on on a periodic contract it’s 2 months notice so risk of arrears is less.

    Personally I would discuss it with the agent, ie, will it relet easily to someone new who can afford to live there.

    thepurist
    Full Member

    No agents involved! All they’d do is ask me how I want to handle it, charge me and the tenants for it and probably mess it up along the way. As to affordability, I’ve seen references and credit checks for both so know what she earns.

    mitsumonkey
    Free Member

    I’ve seen references and credit checks for both so know what she earns

    and do you think she can afford it?
    Do they have children?

    poolman
    Free Member

    I had tenants who failed the affordability criteria, I think total income gross has to be in excess of 35x monthly rent. Anyway they were brilliant, I took a higher deposit to cover me. Also had to sign a waiver with agent in case of rent issues. Any rent guarantee insurance was invalid though.

    I would probably do it again, it wasn’t far short.

    mikewsmith
    Free Member

    As with anything best people to discuss it with are the ones involved.
    Having rented a house out and rented one in a similar situation the tennants need a plan as to how the joint liability will be handled. The rent is liable regardless of their situation and they are both named.
    The deposit will be up to them but will need sorting out. If it is to be re split then doing it on one go with no physical cash changing hands but updating the paperwork sounds best.
    As for ongoing if she is ahappy and able to continue it may be worth ammending the current contract.
    If she can’t/wants out then maybe time to cut losses/risk and allow an easy exit if you think you can get more people back in easily. Perhaps a lease break charge – up to both of them how they settle that.

    Basically he can’t just walk away and absolve himslef of responsibility without agreement from all of you.

Viewing 32 posts - 1 through 32 (of 32 total)

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