Different tenant

by Readers Question

8:24 AM, 12th June 2015
About 3 years ago

Different tenant

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Different tenant

I have a house I rent out to three tenants. Two have remained the same since starting to rent it out in 2008 but the third has changed several times. I originally had an AST for one year with the original three tenants which I assume has now just gone onto a periodic tenancy which I’m perfectly happy with. Different tenant

However because the third tenant is relatively new, she has never had her name on a tenancy agreement. I’m fine about this but am I breaking the law in any way shape or form? Just thinking insurance etc? Or does it not matter that the original three tenants on the AST are now not exactly the same?

Any advice much appreciated!

Many thanks!

Bobbie



Comments

Mark Alexander

8:26 AM, 12th June 2015
About 3 years ago

No, you need to deal with this, either by assignment or a new tenancy. There are also deposit protection issues to consider if you took a deposit.
.

Romain Garcin

10:00 AM, 12th June 2015
About 3 years ago

New tenancies were already most likely created whenever a change of tenant occurred, so the situation, especially with deposits, is rather messy.

In a joint-tenancy the tenant is all the joint-tenants together. If an individual changes then the tenant changes and the previous tenancy cannot continue.

This is a common issue: Landlords and tenants effectively want individual tenancies (i.e. an HMO) but they create joint-tenancies which bind all the residents together.

Mark Alexander

11:16 AM, 12th June 2015
About 3 years ago

This is a classic case in support of using agents, for just 4% of rent situations like this can simply be avoided by outsourcing the responsibility to a fully insured ARLA agent. There are so many pot holes to fall into, I simply don't understand why all landlords, especially newbies, don't use the services of LettingSupermarket.com - see >>> http://www.property118.com/property-management-checklist/67891/
.

Joe Bloggs

11:36 AM, 12th June 2015
About 3 years ago

Reply to the comment left by "Romain Garcin" at "12/06/2015 - 10:00":

'This is a common issue: Landlords and tenants effectively want individual tenancies (i.e. an HMO) but they create joint-tenancies which bind all the residents together.'

TENATS MAY WANT INDIVIDUAL AGREEMENTS, BUT MOST LL's DONT. JOINT AND SEVERAL HAS LOTS OF ADVANTAGES FOR LL.

Dee Mc

11:38 AM, 12th June 2015
About 3 years ago

Reply to the comment left by "Romain Garcin" at "12/06/2015 - 10:00":

It was my understanding that it was the fact that they were, amongst other things, more than one household which makes them a HMO regardless of whether or not they are on a joint or separate tenancy.

I agree with Mark and Romain this does need to be sorted. If you need to evict aren't certain options unavailable without a tenancy agreement like accelarated procedure? Also, if there is an issue how do you prove your facts, surely it's your word against the tenant? Further, isn't the courts starting point that as a landlord you are the expert so more likely the burden of proof is on you?

Sounds too messy for me I need a tenancy agreement.

Romain Garcin

12:26 PM, 12th June 2015
About 3 years ago

Reply to the comment left by "Joe Bloggs" at "12/06/2015 - 11:36":

Yes it has advantages, but it also has drawbacks when the joint-tenants are unrelated and want to come and go as they wish.


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