Changing a name on an AST

by Readers Question

9:58 AM, 29th February 2016
About 3 years ago

Changing a name on an AST

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Changing a name on an AST

3 person HMO on an AST.name change

1 tenant is moving out on the 11th March and another tenant is taking his place.
Rent is currently due at the end of the month (preferred).

  1. Is it possible to amend the current agreement and ask the incoming and outgoing tenant to pay a pro-rata share of the next months rent?
  2. Is it best practice to end the current tenancy on the 11th and start a new one from 12th going forward.

Many thanks

Mark



Comments

Neil Patterson

9:59 AM, 29th February 2016
About 3 years ago

Hi Mark,

Is it a joint AST or individual?

Mark Stanfield

10:11 AM, 29th February 2016
About 3 years ago

Joint AST

Michael Barnes

20:05 PM, 29th February 2016
About 3 years ago

Reply to the comment left by "Mark Stanfield" at "29/02/2016 - 10:11":

I believe that if notice is given by tenant and accepted by landlord, then that ends tenancy for all tenants.

Therefore a new tenancy agreement is required.

Deposit will need to be re-protected.

John Frith

19:21 PM, 6th March 2016
About 3 years ago

When I was recently told that one of three sharers wanted to be replaced, I thought a new tenancy had to be created. I asked the DPS and they told me the tenancy had to stop and a new one started. It was very time-consuming, and not straightforward.

But then I noticed that the NLA have a standard form called "Deed of Assignment of Tenancy", so they presumably think the old tenancy can be retained.

The chief problems for me are (a) having to square the deposit with the DPS, and (b) making sure that everyone understands that the inventory used will be the original one, and that you expect the continuing tenants to retain some of the outgoing persons deposit if there is any chance that they could hold him / her responsible for any deposit retention at the end of the tenancy.

Unfortunately these are still problems whether I start a new agreement, or use a Deed.


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