Here is a blog clinic question from John (not his real name) who is a landlord:
Problem: Joint tenancy with 6 months break out clause.
One of the tenants has left and will not pay her share. The other tenant is staying and he might agree to pay the full rent.
Should I replace the tenancy agreement to show only the tenant who is staying in the property?
The other tenant has left so, as long as I receive rent from the other tenant is fine for me, but the other tenant should no longer be liable to the contract terms?
If the tenant who has left has given notice under the break clause this will have ended the tenancy (depending on how the clause is worded). If the remaining tenant then stays on and pays rent, then this will create a new tenancy just between you and the remaining tenant.
If the tenant who has left did NOT give notice to end the tenancy then they will remain liable under the agreement! Even though they are not living there.
However if the remaining tenant is willing and able to pay the whole rent, it is probably best to give them a new agreement now, in either case.
Note that the outgoing tenant will be liable for rent either up to the date they ended the tenancy under the break clause (if this was done) or until the new tenancy agreement is signed with the remaining tenant.
To find out more about tenancy agreements and the correct tenancy agreement to use in any given situation see this free >> Which Tenancy guide here.