My tenants split up but husband staying – deposit issues?

My tenants split up but husband staying – deposit issues?

1:12 AM, 17th May 2024, About 7 months ago 5

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Hello, Since 2017 I have rented a small 2 bedrooms terrace house with garden to a couple. They had 3 children in the last 5 and a half years.

The wife complained to me that the house was now too small. In nearly 7 years I increased a rent already below the market value, once.

Last November, she asked me to issue a section 21, because she had a child under one and winter was coming. I refused but told her we can discuss it next spring.

To be fair, I was quite annoyed that I had to get involved and go to court and lie about wanting my house back.

Now last week I learned from her mum that they had split up 2 months ago and she is with her 3 children in a kind of bedsit waiting to be rehoused, on domestic abuse grounds. He didn’t want any children and he coped quite well with 2 but she thought she would get rehoused quickly with the 3rd one which didn’t happen.

The husband told me he wants to stay to which she agreed.

Now for the TDS deposit, she is my main tenant so not sure what to do there.

Also I think it would be best for me to draw a new contract in his name only?

What are your thoughts? Any advice welcome.

Thank you,

F


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David Smith

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12:22 PM, 17th May 2024, About 7 months ago

Yes just issue a new Tenancy Agreement get a new deposit from him and return the existing deposit to the wife.
You will need to issue the new tenant the EPC EICR Gas Cert & Renters Guide.

PAUL BARTLETT

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9:21 AM, 18th May 2024, About 7 months ago

Reply to the comment left by David Smith at 17/05/2024 - 12:22
Deposit Certificate and Proscribed Information in the name of the current tenant only.
Proof of service of all these documents is best practice, possibly a specific clause in the Tenancy Agreement.

Obviously considering the Rental Reform Bill implications...

DPT

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9:56 AM, 18th May 2024, About 7 months ago

As above, but make sure you get a signed and witnessed deed of surrender from both of them before signing the new agreement.

GlanACC

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10:02 AM, 18th May 2024, About 7 months ago

When one person on an AST leaves it applies to all tenants.

If you draw up a new AST you will have to do immigration checks again (copy of passport) and reissue EICR, ECR etc.

david boughton

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14:23 PM, 18th May 2024, About 7 months ago

Just do what the rest of us long standing landlords are doing .....Sell up and go cash rich not property rich ...let Rishi or sir stammer deal with it all ...whilst we sit back and laugh at the shit show thats comming down the track

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