Two ASTs for one property.

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    Two ASTs for one property.

    Hi,

    I have a tenant who wants to have a colleague move in with her. It doesn't qualify as an HMO (I've checked with my local authority) and therefore I want to give them two separate ASTs, mainly to ensure that if one gives notice they aren't giving notice for both parties.

    They will be sharing everything (rent, deposit) 50-50 but I want to put in a clause that if one of them does give notice then the remaining party has to take up the full rent/deposit again for the remainder of the tenancy or until another person moves in under the same condition. Both parties are aware of this and have agreed to it.

    I was therefore wondering if anybody else has done this and whether they (or anybody else) would have an example of the wording to include in the AST to cover such a scenario?

    Thanks in advance…


    #2
    Why not just let your tenant take a lodger? (No paperwork needed for you at all.)
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      Originally posted by JK0 View Post
      Why not just let your tenant take a lodger? (No paperwork needed for you at all.)
      Well I did suggest that, but she wasn't keen…

      Comment


        #4
        Originally posted by smark67 View Post

        Well I did suggest that, but she wasn't keen…
        Then I'd take that as a sign you are about to be stiffed on the deal in some way.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #5
          Originally posted by JK0 View Post

          Then I'd take that as a sign you are about to be stiffed on the deal in some way.
          No, as I know the current long-term tenant well… I just don't think she wants that kind of relationship/responsibility with her colleague.

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            #6
            Then do nothing.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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              #7
              Originally posted by JK0 View Post
              Then do nothing.
              What do you mean?

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                #8
                Originally posted by smark67 View Post
                I want to put in a clause that if one of them does give notice then the remaining party has to take up the full rent/deposit again for the remainder of the tenancy or until another person moves in under the same condition. Both parties are aware of this and have agreed to it.
                Don't do that, it would be a nightmare to draft and probably harder to enforce.

                You'd have to agree common areas and which parts are exclusive to each tenant for a start, you can't have two separate ASTs for the same complete property.

                Tell the tenant that she can make any arrangement she wants with her colleague, but it has to either be a joint and several AST (with proper referencing etc) or an informal arrangement where she stays as sole tenant.
                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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                  #9
                  Isn't that simply a joint tenancy?

                  Each is responsible for the whole if the other leaves.
                  How they sort that between themselves doesn't matter to you.

                  Giving them seperate TAs just complicates things.

                  Just get them both to sign seperate copies of a joint tenancy agreement.

                  If they won't accept a joint tenancy then it shows they are not serious about one paying if the other leaves.

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                    #10
                    Yes, that's what I'm going to do… Thanks for your help/advice.

                    Comment


                      #11
                      But bear in mind you'll need to do a schedule of condition now, if you do anything other than what I suggested. Never mind that the deposit protection will be a nightmare.

                      (Both 'new' tenants are likely to dispute any damage deductions when they leave, blaming the 'previous' tenant.)
                      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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                        #12
                        sounds very complex you would have to deal with two lots of deposit, paperwork , bills and who knows who is going to pay what and what when they leave the place a mess who is responsible, whos deposit ,what about insurance (check ), mortgage ? what if they leave at different times , and what if they fall out ect ect
                        i would just say no - too much headace

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                          #13
                          If you have two room only tenancies it will be an HMO for council tax purposes, (not housing law) and you will become responsible for paying the CT.

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