From: simonparkerulm@gmail.com 
  
 On 04/09/2025 11:53, Davey wrote: 
 > On Thu, 4 Sep 2025 10:50:19 +0100 
 > Malcolm Loades  wrote: 
 > 
 >> On 03/09/2025 11:40, The Todal wrote: 
  
 >>> I'm a landlord. I rent a small house to a middle aged couple (with 
 >>> her kids) who have paid rent regularly. We use an agent, who takes a 
 >>> commission but it's useful that the agent arranges periodic 
 >>> inspections, ensures we comply with statutory requirements, 
 >>> arranges any urgent repairs through reliable contractors. 
 >>> 
 >>> Now I hear that the relationship between the couple has ended and he 
 >>> will be moving out. Our agents advise us that we should insist that 
 >>> he remains on the tenancy agreement so that we can enforce any 
 >>> arrears against him as well as her. 
 >>> 
 >>> That seems very unfair, to me.  If you break up with your partner 
 >>> you should be free to move on and rent somewhere else. I wonder 
 >>> whether other landlords would disagree? 
 >>> 
 >> I'm a landlord and I disagree.  You don't say but I assume the 
 >> tenancy is a joint tenancy?  If I'm correct both incomes will have 
 >> been taken into account to check affordability.  Does the 'remaining' 
 >> partner have the income to support affordability?  If so then have a 
 >> new tenancy agreement made in just one name.  If not then the 
 >> 'leaving' partner should remain on the tenancy agreement and accept 
 >> joint liability for the payment of rent. 
 >> 
 > Fine, in the ideal world. 
 > But if he won't? 
  
 Then the departing / departed spouse (DS) issues a formal "Notice to 
 Quit" to the landlord / their agent thereby ending the tenancy, 
 extinguishing their liabilities thereunder.  If it is still in the fixed 
 term of an AST, that will be at the expiration of the fixed term.  If it 
 is a periodic (aka rolling) AST, then it will be at the expiration of 
 the specified notice period. 
  
 In short, the DS cannot be forced to remain indefinitely on the tenancy 
 against their wishes just because it provides a nice "safety net" for 
 the landlord / their agent and it is wrong to claim otherwise. 
  
 Regards 
  
 S.P. 
  
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