Jungle Property Blog

T1 & T2 sign a tenancy agreement for a joint tenancy and T1 decides to leave what should you as the landlord do?

If the tenancy is still in the fixed term you cannot unilaterally do anything. You cannot delete one of the names from tenancy agreement. You can however either:

a. allow a formal legal assignment (by deed) of the existing tenancy, from T1+T2 to T2; or

b. agree a surrender of old tenancy (by both T1 & T2 to you) in exchange for a new one which you grant to T2 alone.

The tenants undertook joint and several liability so each are jointly and severally liable for the terms of the tenancy. This binds both T1 & T2 for the rest of the tenancy unless you agree to the assignment or surrender as above. If the fixed term has ended or ending soon, you could grant a new tenancy to T2. It is worth noting that this would be a ‘new’ tenancy and not a ‘replacement’ tenancy.

Before you allow any assignment or surrender consider any financial implications particularly the affordability of the rent for the remaining tenant.

What should T1 do if they want to leave?

If the tenancy is still in the fixed term get agreement from T2 to the assignment or surrender of the tenancy and inform your landlord when you have done so. The landlord is under no obligation to release you but if you have the agreement of T2 and the landlord is satisfied T2 can meet the conditions of the tenancy such as being able to afford the rent, he might consider your request.

If the fixed term has ended or ending soon, give the landlord the contractual or statutory notice you intend to leave and surrender the tenancy (hand back the keys). The landlord would then need to decide whether he wanted to grant a new tenancy to T2.

Have you experienced problems with a tenant leaving a joint tenancy?

Short answer is no, so if your agent or domestic energy assessor is trying sell you one politely decline the opportunity to give them more profit.

The Energy Performance of Buildings (England and Wales) Regulations 2012 took effect on 9 January 2013 and the regulations revoke The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and all the many amending regulations from 2007 to 2012.

As part of the new regulations certain types of buildings are exempt from the requirement to have an EPC and this includes buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance. Part 2 S5 (1)(a) of the regulations here covers exempt buildings.

Has someone told you that you need an EPC for your listed building?

If the appliances are the tenants then the simple answer is the tenant.

For appliances provided by the landlord the answer is a bit more complicated…

When discussing repairing obligations reference is often made to Section 11 of the Landlord and Tenant Act 1985 but Section 11 (1)(b) of this legislation makes it clear the landlord (lessor) is not responsible for keeping in repair and proper working order appliances for making use of the supply of water, gas or electricity. There is no statutory obligation for landlords to keep appliances that make use of the supply of water, gas or electricity in repair or working order. But landlords do have a statutory obligation to ensure appliances they provide are safe (see 1 & 2 below) for any potential occupier or visitors – so provided that washing machine the landlord placed in the property that no longer works is not unsafe, the landlord has not failed in his statutory duties!

To avoid any misunderstanding, the responsibility for repairing electrical appliances provided by the landlord is best defined in the Tenancy Agreement. This should be discussed and agreed with the prospective tenant at the earliest opportunity (and before any contract is signed) to give the tenant a timely opportunity to consider the implications and whether they are willing to take on the responsibility for the repairs or if they would rather have the appliances removed before the start of the tenancy.

Finally to ensure the appliances are safe they should be periodically inspected and tested. More on this here

1. The Housing Act 2004 (England and Wales) Housing, Health and Safety Rating System (HHSRS) has been developed to assess all hazards that may be present in a residential property and ‘provide a safe and healthy environment for any potential occupiers or visitors’. From an electrical perspective this includes consideration of portable electrical equipment.

2. The Electrical Equipment (Safety) Regulations 1994 – the landlord is required to take reasonable steps to ensure that appliances provided as part of the tenancy agreement are safe.