Joint tenancy agreement?

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

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

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?

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.

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 .

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.

An addendum isn’t sufficient. Its really either assignment of the beneficial interest through a deed, or start a new tenancy.

Can I make a monthly agreement with a tenant renewable every month

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.