Forum spotlight: What to do when one tenant leaves a joint tenancy agreement

A landlord posted on our forum recently, asking a question about ASTs and joint tenancies.

They had been letting their property to a couple on a joint tenancy agreement. However, one of the tenants left, and his partner had asked the landlord if she could have a new tenancy agreement in her name only.

Our landlord wanted to know whether, apart from issuing a fresh tenancy agreement, they had to update and reissue any other paperwork such as the deposit and inventory. The member took to our forum to ask other landlords for advice.

The responses on our forum

The first landlord to respond began by saying that just because the partner has left the property, it doesn't end his tenancy or liability for the rent – since they are on a joint tenancy agreement.

They also said they wouldn’t rush into issuing any new tenancy in these circumstances, until seven months or so down the line when everything has settled. At that point the current tenancy would have to end, either by joint surrender or by one of them giving notice if the tenancy is periodic.

Another landlord echoed this, and explained that while the tenant may have left the rental property, his tenancy hasn’t actually ended.

Since it is a joint tenancy, either of the tenants can give notice and end it for all, but until then, the tenancy continues and both parties are liable for the rent. They also recommended that this landlord wait several months if no notice has been served or received, to ensure the remaining tenant can cope with the rent payments alone. After this the landlord can set up a new tenancy with all the required documents, and go from there.

An experienced adviser from our landlord advice team then joined the thread.

They confirmed that the landlord would need to end the existing tenancy and if it is a periodic tenancy. The exiting tenant would simply need to give notice, which would end the existing tenancy.

They also said that landlord should check the remaining tenant can afford to pay the rent on their own before agreeing a new sole tenancy.

Because they would be creating an entirely new tenancy, the landlord would need to serve all the relevent documents and get the tenant to sign to acknowledge receipt. If the exiting tenant is happy to allow this tenant to keep the deposit then the landlord will need to get this in writing and request a transfer of deposit to the sole tenancy under her name.

More information about the documents required at the start of a tenancy can be found in our starting a tenancy checklist, exclusive for members.