UK rental contract, removal of signatory?

[Chancer]

I will try to keep this brief and I cannot give full détails.

 

My property is rented to a family, tenancy in joint names (not married) parents of each signed as guarantors.

 

There was a major incident recently resulting in an arrest and court hearing within 24 hours, one signatory sentenced and ordered not to come within 400m of the property, the other signatory wants to remain in the property with the children, the social services will be helping with the rent, I want to work with them towards this.

 

The other party wrote giving one months notice and saying that their parents would no longer be guarantors, I replied saying that notice would only be recievable/effective from the next rent day in October, that it was a joint tenancy therefore both tenants need to give notice (and that the other doesnt want to) and that a personal guarantee is irrevocable.

 

If things work out I could create a new contract from October but that will in turn create problems regarding the security deposit, property damage was sustained during the incident, also it would increase my liability in that there would be a minimum 6 month assured tenancy whereas the current one has reverted to a monthly tenancy.

 

So even though it sticks in my throat the most expedient way would probably be to give the person what they want but can an existing contract be modified to remove one signatory and to continue with the other? If so how does one go about it.

 

I no longer have a UK solicitor to ask.

[lindal1000]

I don't know the answer, but if you don't want to pay for expensive legal advice you could try the residential landlords association. Annual fees are not too steep and they have a very good members advice line.

[Chancer]

I will join them tomorrow!

[Gluestick]

Chancer:

A Third party Warranty (Guarantee as a Guarantor) is joint and several: i.e liability in default is either split between each guaranteeing party or incumbent upon the solvent one.

Therefore, the guarantor who wishes to retract, cannot do this on a unilateral (personal and sole) basis until and unless the subject of the warranty is satisfied; that is - presumably if it were correctly drafted - rental and damage obligations. Or the other guaranteeing party agrees to accept full liability for whatever losses you have suffered. All provided, of course, they are sufficiently solvent (Asset Strong) to meet the full liability of such sole warranty.

Mrs Gluey and I had a similar yet not difficult problem (not as problematic as your own) where a renting couple split: the woman wished to remain. I negotiated a new lease with her, gratis, and she accepted and signed a codicil making her solely liable for any damages or defects as from the commencement of the original lease contract.

Her lease effluxed (expired) at the end of July and we are still in err, "negotiation" over deposit retention value..........

PM me if I can assist.

Happy to advise, pro bono, with, naturally, the cavet of no professional liability.

[Chancer]

I joined the RLA and spoke to an advisor, competent, knowledgable and articulate, cant ask for more.

 

I learned that one tenant can indeed give notice to end the contract without the consent of the other, a new contract can/will then be agreed with the remaining tenant, the deposit must be refunded and then redeposited which is a pain, as much as it sticks in my throat I will probably eat the damages myself for an orderly transition, any déductions I make will be penalising the innocent party at best by 50% at worst by 100%.

 

The contract can be ended earlier than the statutory date of the 4th November but only if both partners give notice and I agree. She who I hope will remain with the children is now in a stronger negotiating position against the ex partner which is good, now we need to wait for the housing association to hopefully pick up the ball and run with it.

 

Gluey, thanks for the offer, I thought that you might have experience, I will contact you if I have need.