One tenant is leaving from joint tenancy agreement?
3 years ago | 13 comments
Joint tenancy agreement?
9:25 AM, 11th September 2023, 3 years ago
9
Hi, my tenants have a joint tenancy agreement (4 of them), 6 months then rolling on contract. One of the tenants wants to move out before the 6 months expires.
If they find another tenant, do they need a new agreement for another 6 months or can the new one be added to the agreement as an addendum?
Any help from Property118 readers is greatly appreciated.
Many thanks,
Domi
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Member Since January 2016 - Comments: 50 - Articles: 1
10:29 AM, 11th September 2023, About 3 years ago
Hi Domi,
I believe a deed of assignment is what you may require. However its possible it may nullify any current guarantor agreements or at least open to them challenging it. Plus I don’t know but may bring issues with section 21 if needed as the new tenant may will not have been issued the various docs required. If I was you I would just draw a brand new tenancy agreement.. You would have the added security of the them being fixed at said place for x time.
However I recommend waiting for more expertise and views from other people
Member Since March 2015 - Comments: 122
11:06 AM, 11th September 2023, About 3 years ago
Reply to the comment left by Sam B at 11/09/2023 – 10:29
“You would have the added security of the them being fixed at said place for x time”
Clearly not if one of the tenants already wants to leave within the initial fixed term
Member Since January 2015 - Comments: 1442 - Articles: 1
11:56 AM, 11th September 2023, About 3 years ago
Depends on how your original tenancy agreement is drafted.
As an HMO is the joint tenancy jointly and severally for the whole of the property, or just jointly, or individual rooms stated/allocated and a licence for the communal areas?
Re the deposit: How is the original tenancy drafted in respect of the deposit and deposit protection?
Who is the lead tenant for the deposit re the deposit protection provider?
Member Since October 2020 - Comments: 1168
1:40 PM, 11th September 2023, About 3 years ago
The cleanest way is a new TA for everyone when the old tenant leaves and signs a deed of surrender. Full set of new documents required and you’ll have to deal properly with any deposit.
Individual room only tenancies avoids this problem, although it does usher in others.
Member Since July 2013 - Comments: 754
4:34 PM, 11th September 2023, About 3 years ago
If you have guarantors under a joint and several AST, they will need to all sign a new guarantee agreement substituting the new tenant name for the outgoing one in the new proposed new AST, otherwise their original guarantees will become unenforceable.
Get the guarantees signed before the new AST is issued/signed .
Member Since September 2023 - Comments: 3
11:29 AM, 13th September 2023, About 3 years ago
oh its tricky, In this case, if one of the tenants wishes to move out before the initial 6-month period expires, you typically have a couple of options.. New Agreement and Addendum, You can also choose to create an addendum or appendix to the existing tenancy agreement. Have any of you had experiences with shared-ownership properties? I recently explored in unity gardens Ebbsfleet and have alot of confusions.
Member Since October 2020 - Comments: 1168
4:14 PM, 13th September 2023, About 3 years ago
An addendum isn’t sufficient. Its really either assignment of the beneficial interest through a deed, or start a new tenancy.
Member Since May 2020 - Comments: 1
1:01 AM, 14th September 2023, About 3 years ago
Can I make a monthly agreement with a tenant renewable every month
Member Since October 2020 - Comments: 1168
3:23 PM, 14th September 2023, About 3 years ago
Reply to the comment left by Manika13 at 14/09/2023 – 01:01A periodic tenancy rolls on monthly until a tenant or a bailiffs ends it and a landlord can’t prevent that. You also cant compel a tenant to sign a new tenancy agreement. So the short answer is no, you cant make a monthly renewable contract.