Changing AST from joint to single

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    Changing AST from joint to single

    Hi all,

    I had a periodic AST with my tenants in a joint name. Recently the tenant has split up with her partner and has requested a new tenancy agreement to be drawn up in a single name.

    Is this necessary or can the existing periodic agreement continue?

    If it is necessary, do I need to go through the whole referencing, and guarantor checks again? (Her mother is currently the guarantor and the deposit is solely in her name)

    Does the deposit need to be returned to her before a new agreement is setup even though it is already in her name?

    And lastly who foots the cost of all this?

    Thanks in advance.

    #2
    All existing joint tenants must surrender current tenancy then establish a new sole tenancy for that.

    But I'd do nothing - you currently have two people to sue for rent, why reduce chances of getting money? Judy because one person goes doesn't end their liability under the contract.

    Much much less paperwork
    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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      #3
      As above -- has the departing tenant given formal notice -- not only shouldn't you do it, but you are not allowed to alter anything at all until that happens.

      What cost to be footed?

      Necessary to go through what checks for what purpose?

      If you understand that Tenant A+B is a totally different tenant to tenant B (it might as well be Smith and Weston and the new tenant is Mr Higgenpottle) then you will understand what you need to do.

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        #4
        Good advice above - I would do nothing until one of the tenants serves a valid notice to quit then start the entire process as though the remaining tenant has just viewed your property and expressed an interest in renting your property (hint their circumstances may have changed radically since the start of the original tenancy so take nothing for granted). Make sure you collect the keys from the departing tenant on the last day of the ending tenancy.

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          #5
          Thanks for all the responses so far. Appreciated. So the tenant who is currently living at the property has asked me that she wants a new ast in sole name as she is no longer with partner.

          Do i tell her that i need a written letter from her partner who is no longer at the property? Once i receive this then i should proceed further, until then i should take no further action?

          Comment


            #6
            Both leave property, return keys, sign deed of surrender.

            All end of tenancy stuff .- inventory, return deposit etc etc.
            She signs new AST. All new paperwork - inventory, deposit, how to rent, EPC, GSC, photos etc etc

            Don't do it. Do nothing. You don't have to agree to her request
            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...

            Comment

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