Issue with new tenant

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    Issue with new tenant

    Hi, I am very new to this. I have just got a tenant into my property which I was unable to sell. I have rented it under 6 month AST. Second months rent was due on 23rd December. They did not pay. I wrote to tenant explaining my concerns. I have today had contact from their family member. They want to transfer tenancy to the current tenants brother. However he would not move in, the existing tenant would still be there but all responsibilities of the tenancy would be held by the brother. Is this even possible? The existing tenant does not want to move but recognises I am concerned about further non payment.
    Has anyone else come across this? Can I assign the tenancy to the brother under these circumstances?
    Any help or thoughts greatly appreciated.

    #2
    To be an Assured Shorthold Tenancy the property has to be the tenant's main permanent home, so if the brother wasn't living there he would not be the tenant. He could possibly take on the role of guarantor. Given that the tenant has only just moved in and you have little chance of getting him out in the short term, I would suggest that to them and then get the help of a solicitor as there are several steps to ensure a deed of guarantee is enforceable.

    By the way, a 6 month tenancy doesn't mean the tenant will then leave or even go when you give him notice. It could take months to remove him via the courts and bailiffs and this process tends to be incompatible with selling a property for obvious reasons of timescale

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      #3
      You could take the brother as a guarantor.

      Or you could add the brother as a joint tenant, liable for the rent etc, but they don't have to live there.
      As long as one of the joint tenants is living there it will remain an AST.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        Thank you both for your comments. Can I still request a guarantor even though tenancy has already commenced?

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          #5
          The difference is that the tenant doesn't have to accept. I see no reason, from the landlord's side, why they couldn't accept a guarantor at any time, although most potential guarantors would not want to become one

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            #6
            Also serve s8g10 TODAY on tenant & let rest of family know so they realise you are serious about arrears. But for eviction, s21
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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