Ending a 12 months fixed tenancy agreement?

If both are willing to sign a Deed of Surrender then do this but only if both tenants vacate the property and hand over all sets of keys. Get the keys then sign and date the DoS (4 original copies) 1 for each tenant, 1 for you and 1 for the Court if needed. You will need a witness for the signing of the DoS.

If one tenant refuses to vacate or pay any rent then wait until 3 months arrears and apply for possession under a s8. (as if only 2 months owed and a tenant pays 1 week's rent or even 1 day's rent arrears then the s8 becomes null and void as 2 months is not owed!)

Your advertising costs are tax deductible, so personally I think it's a bit much asking the tenant(s) to pay this. But you've got 50% so .....

Hi
I'm watching the comments with interest as this could happen to any tenancy (hopefully without the violence) and I'm getting vibes with a current occupancy where all is not good in the relationship.
Given previous reply presumably the sooner you can end the tenancy the better and would it be ruthless to say why would you want to keep either of the tenants in the property given the circumstances.
To focus on advertising costs etc. seems extreme when it looks like you got bigger issues to deal with.

Issues are nearly always best resolved by agreement and as both tenants want to end the tenancy I would do everything possible to facilitate this. You already know that the remaining tenant cannot afford the rent so the sooner they go, the better for all concerned.

As the tenancy is in the fixed term, they need your consent to early termination and I would suggest drawing up a document combining their offer and your acceptance of the surrender and incorporating whatever terms are agreed, which you can all sign.

It has been suggested that it should be signed as a deed and therefore witnessed - I doubt if that is necessary but am happy to be corrected.

Would it be more appropriate for her to move into safe sheltered housing of women's refuge by authorities? Surely in this instance a deed of surrender signed by the aggrieved party at council would suffice?
At presentshe in danger if partner calling round 24/7 .... to do what? Damage, etc.?

Reply to the comment left by Judith Wordsworth at 27/02/2023 - 12:15
Not sure about the relevance of tax deductibility. For most taxpayers you will only get back 20-40% of the expense as a tax reduction, the taxpayer is still out of pocket by 60-80%.

If he has to incur the advertising cost before the end of the normal expiry of the tenancy it doesn't seem to be unreasonable to claim from the outgoing tenant.

Reply to the comment left by Gone Fishing at 27/02/2023 - 15:07
Somebody always mentions tax relief when talking about costs!

When we have a tenant leave early we will charge them marketing costs so that the landlord is not out of pocket. Under the Tenant fee Ban, this is permitted but a landlord may only charge the actual fees incurred and these must be reasonable.

The focus here should surely be finding a solution to releasing the tenants from the fixed term contract especially as it looks highly likely the rent is going to be a problem to the remaining tenant.

I'd be thankful under these circumstances to agree release from a problematic situation and get the property back in good order.

I'd facilitate them leaving. Say to the last one go, and we will call it quits. Much easier in the long run, it's hard work getting possession orders and chasing arrears.