Change of student tenant during tenancy
I have a student (international students) let in a HMO and one of the tenants want to leave (its a month into her tenancy) and go back to her home country as she is unwell.
I understand that she is liable for the full contract for the term however she can find a replacement tenant and a deed of assignment can be issued to capture this?
What happens to the deposit protected under the original four tenants? Also what about the Inventory? I have never had this before so am rather confused as I don’t want to compromise my legal situation and do everything correctly.
Raji
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Maintenance and Shared Ownership
Member Since July 2013 - Comments: 293
8:51 AM, 27th August 2016, About 10 years ago
You do indeed have to take action regarding the deposit held, but you do not have to pay for it which is where some may be under the illusion that nothing has to be done about it! The deposit will be held under the names of the previous tenants so understandably this needs to be changed. Under the MyDeposits scheme they have a form to download called Joint Tenant Transfer form to be signed by all present and new tenant, or you can just send to them a copy of the Deed of Assignment. They will then email you once the certificate has been altered and you can once again produce it to the new tenant and remaining tenants too as a safeguard with the prescribed information and information for tenants.
Regarding the inventory we provide a copy to the new tenant of the inventory relating to the present tenancy and they go through that with the outgoing tenant (or with the remaining tenants if that is not possible) and can mark on it anything of note. This is then used to decide any deductions to the outgoing tenant. I also back this up with an Addendum relating to the inventory that confirms the incoming tenant understands that any discrepancies found at the end of the tenancy will be deducted from their deposit (along with the remaining tenants) as if they had been there the full term. I have had only one tenancy deposit dispute since 2007 and this related to a tenant who had joined midway through a tenancy and my inventory and Addendum passed and I was allowed to make the deductions needed from the tenant.