Landlord Products / Services
Damnit!
My tenants have only gone and broken up from their long-term relationship… mid-tenancy! Urgh, why do catastrophic things always happen to me (good people)?
I received the phone call last week; my tenant (the male counterpart) did the honours of informing me that his relationship (with the co-tenant) has gone down the swanny, and consequently their living arrangements had changed.
*gulp*
Like any warm blooded animal, my immediate reaction was to offer my condolences and unleash a flurry of the all cliché platitudes. But the pit of my stomach was doing somersaults, freaking out about the current and future state of the tenancy, and what a pickle I’ve been potentially left with. Selfish much?
Anyways, so now what happens? Well now I’m going to make lemonade out of lemons by using the opportunity to craft a blog post (you could say their marriage going to shit was a blessing in disguise in some ways – I’ve been struggling with writer’s blogger’s block), covering the following:
- What the landlord’s legal rights are when tenants break up
- What happens to the tenancy agreement when couples break up
- What I decided to do when my tenants broke up and changed their living arrangements
Table of contents
- Check tenancy agreement to determine yours and your tenants’ position
- Who is responsible for paying rent after tenants break-up?
- Common scenarios when tenants break up
- What happens to the deposit when tenants break up?
- Can landlords end a tenancy agreement early if tenants break up?
- Can tenants end a tenancy agreement early if they break up?
- What did I decide to do after my tenants’ separated?
Check tenancy agreement to determine yours and your tenants’ position
First and foremost, check the details of the tenancy, particularly the following (as they will determine the options you have available):
- Is the tenancy sole or joint?
In other words, is one person named as the sole tenant in the tenancy agreement (making the other occupant a “permitted occupier”), or are both named tenants?If you have a sole tenancy agreement, then the named tenant is responsible for paying the rent and all the other obligations under the agreement. If it’s a joint tenancy, then there is most likely “joint and several liability”, meaning they’re both legally responsible and bound by the terms of the tenancy, including the rent.
Most tenancy agreements will contain a “several liability” clause. For example, my tenancy agreements has the following clause:
1.13 Unless otherwise expressly provided, the obligations and liabilities of the parties under this agreement are joint and several.
- When is the fixed-term due to end?
Or has the tenancy rolled onto a periodic tenancy? - The cleanest option is to mutually “surrender” the existing tenancy, and then start a new sole tenancy with the remaining tenant.
- Issue an addendum to the existing tenancy agreement that clearly documents the change in circumstances, including the departing tenant’s name, the new sole tenant and the date it takes effect. All parties should sign the document.
- Terminate the tenancy with both, and find new tenants
- Stay out of it and get them to decide (because you don’t care which tenant stays
- Pick your favourite based on individual merit and start a new sole tenancy with them
- The landlord agrees to give their position back (which ultimately means the deposit becomes less, unless the remaining tenant tops it back up)
- Ask the remaining tenant to refund the outgoing tenant’s share of the deposit
- Providing the landlord with a notice to quit, to take effect after the fixed or periodic term (landlords should be given at least one months’ notice).
- Mutual agreement between tenant and landlord
In my case, I had joint tenancy and the tenancy was periodic (i.e. the tenancy was rolling on a month by month basis, so neither myself or my tenants were tied into a fixed term).
Who is responsible for paying rent after tenants’ break-up?
I’ve already answered this, but it’s literally the most Frequently Asked Question in this situation, so I feel like it warrants being spelt out like it’s being taught to a toddler.
In short, it depends.
If the tenancy agreement is signed by one single tenant, then that person is responsible and liable for paying rent during the tenancy, and that remains the case even if that person decides to vacate.
If the tenancy agreement is joint – and unless there are specific conditions on splitting the responsibility – everyone named in the tenancy agreement is equally responsible for paying rent, even if they decide to vacate.
Common scenarios when tenants break up
1) One tenant wants to leave, while other becomes the sole tenant
Presuming you’re happy for one tenant to remain and become the sole tenant, there are two options:
2) Both tenants want to leave (and end the tenancy)
If the tenancy has rolled into a periodic tenancy, then it isn’t really an issue as the tenants’ can serve one months’ notice to quit and get the hell out of there (before they kill one another).
If the tenancy is still in the fixed term, then either the joint tenants’ or the sole tenant are bound by the terms of the tenancy until it expires and the landlord is given official notice to quit, so at least one of the tenants’ will be responsible for paying the rent until then.
They can both move out before the end of the fixed term, but rent will still need to be paid by the liable tenant(s). However, if in the meantime, you find new tenants to move in, you can’t continue charging rent to the previous tenants. Double-dipping is a no-go and in breach of the Tenant Fees Act 2019.
Personally, I don’t think it’s fair or right to keep tenants tied into a fixed term if they both want to prematurely vacate after a break up, so I’d be willing to mutually end the tenancy agreement early under the condition that they’re willing to continue paying rent up until new tenants have been found and moved in or the fixed term ends (depending on which happens first).
3) Both want to remain tenants, but not with each other
This is tricky. And there’s no easy solution.
What happens to the deposit when tenants break up?
If both tenants vacate and the tenancy is terminated, then the normal end of tenancy procedure should be followed – return the deposit (minus any claims).
If one tenant is going to remain, while the other moves out (after serving a notice to quit), then that can be considerably trickier.
If the outgoing tenant contributed to the original deposit and would like their portion back, then according to Shelter, there are two options:
Neither solution makes it sound like the outgoing tenant is entitled to get it back, but rather it’s possible if someone is willing to play ball.
The reason I’m referencing Shelter’s viewpoint is not only because are they a reputable source of information, but also because they tend to be very pro-tenant leaning, so I find it quite telling that they seem to be suggesting that it’s potentially tough titties for outgoing tenants in this situation, and with very little recourse. Make of that what you will.
Either way, I think what’s most important is for the landlord NOT to mishandle the deposit and consequently being put in a position where any future claims are put into jeopardy, so I actually recommend either contacting the deposit scheme where the deposit is protected for clarification on how to properly manage the deposit in the given situation, and/or find guidance on their website on how to manage a change of sharer/tenant mid-tenancy (they’re bound to have guidance on the matter somewhere).
Can landlords end a tenancy agreement early if tenants break up?
Nope.
Well, to be precise, not just because of a failed relationship.
But also, I don’t know why any landlord would want to do that without good reason (a break-up in itself isn’t one).
A break up alone will not give landlords grounds for eviction during the fixed term of a tenancy. So unless the tenants breach the terms of the tenancy (i.e. fall into rent arrears), they will still have legal rights to remain occupants until the end of the tenancy.
So the only other option as far as ending the tenancy (without a breach), is for the landlord to issue a Section 21 notice to terminate the tenancy after the fixed or periodic term of the tenancy. But bear in mind that requires a two month notice period.
Alternatively, if there is a mutual agreement between landlord and tenant(s) to surrender the tenancy early, then that works.
For more information, here is a link to a more in-depth blog post on how to end a tenancy and the different options available.
Can tenants end a tenancy agreement early if they break up?
Nope.
Just like landlords can’t prematurely end a tenancy on the grounds of a break-up, tenants can’t either. The named tenants remain responsible for taking care of the property and paying rent until the tenancy is properly terminated, either by:
What did I decide to do after my tenants’ separated?
So, to clarify, I don’t think there’s any one size fits all response to the situation, so my response shouldn’t be used as a default template.
I think the best path to take (for all parties) really depends on several factors, including what the tenants’ themselves want to do (and how that may impact the household income Vs rent), their track record as tenants, and what the landlord/tenant relationship is like.
In my case, I was fortunate that despite their domestic issues, they were model tenants throughout the tenure (which was approx. 14 months at this point). I’m sure whatever it is they were going through didn’t just happen overnight, but rather several months of turmoil, and during that time they upheld all their obligations.
Eddie (a random alias I’ve assigned to one half of the duo) informed me that he had already vacated the property 6+ weeks’ prior to notifying me of the situation, while Dorothy (a random alias I’ve assigned to his wife) remained living there. That’s how they wanted the situation to remain going forward (which led me to believe that the “let’s see if we can fix this” phase failed), so they made the request to renew the tenancy with Dorothy being the sole tenant.
I had no problem with that, to be honest, because as said, they’ve been model tenants, and I really didn’t have any reason not to trust either of them. In the worst case scenario, Dorothy defaults on rent and I serve a Section 21 notice (since they’ve rolled onto a periodic tenancy).
After the initial phone call (which, to be frank, completely blind-sided me), I got in touch with Dorothy just to ensure she was okay, and to confirm that I was happy for her to remain the sole tenant.
My only condition, to protect myself, was that I wouldn’t renew the tenancy with Dorothy as the sole tenant for another 4 months, so I could still benefit from joint and several liability. They both agreed.
Job done!
Update: 7 years later (2022), Dorothy remains the sole occupant and hasn’t missed a single payment – she remains a model tenant. Absolutely incredible.
I haven’t spoken to Eddie since he broke the news to me over the phone, so I have no idea what his situation is. Funny enough, I did spot him out in public a year or so after the incident. Naturally, I scurried off into the opposite direction, hoping to avoid an awkward encounter at all costs.
Are you a landlord or tenant going through this ordeal? Drop a comment and share your experience or feel free to ask any questions…
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
Either he will move back in or she will be gone within the year (assuming there are no kids).