Changing a name on an AST
9:58 AM, 29th February 2016, 10 years ago
4
Categories:
3 person HMO on an AST.
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).
- 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?
- 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
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
or
Previous Article
Council Tax allowance used previously before purchase?Next Article
What smoke and heat alarms do HMO landlords use?
Member Since February 2011 - Comments: 3453 - Articles: 286
9:59 AM, 29th February 2016, About 10 years ago
Hi Mark,
Is it a joint AST or individual?
Member Since October 2014 - Comments: 1
10:11 AM, 29th February 2016, About 10 years ago
Joint AST
Member Since July 2013 - Comments: 1434
8:05 PM, 29th February 2016, About 10 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.
Member Since October 2013 - Comments: 248
7:21 PM, 6th March 2016, About 10 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.