Tenants Ending Joint Tenancy But One Tenant Wants to Stay
We have a tenancy that started on the 1 Oct 2017 as an assured shorthold tenancy - obviously the initial 6 months is up and they are now in a contractual periodic tenancy.
The tenants are splitting up as a couple and have served notice for the contractual periodic tenancy to end on the 30 Nov 2018. One side of the couple has already moved out into a new property (not with us) but their ex-partner wishes to remain in the property as a sole tenant which we are happy to allow.
My question is, how do we need to treat the remaining tenant:
- does the original contractual periodic tenancy need to end on the 30 Nov and a new shorthold assured tenancy begin in the remaining tenants name on the 1 Dec?
- do we simply reissue a shorthold assured tenancy in their sole name but back-date the start date to 1 Oct 2017, so they in effect they are already in a contractual periodoc tenancy?
- Do the 'right to rent' checkes have to be re-done with the remainin tenant?
- How do we treat the deposit (currently protected by the TDS)? The remaining tenant provided the original deposit but boith tenants were listed on the TDS. Does the deposit need to be refunded and a new deposit taken, or can we simply amend the details on the TDS to be only in the remainin tenant's name?
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