Early notice and replacement arrangements

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Early notice and replacement arrangements

    I have a tenancy agreement with 3 tenants (a couple and a single person). The single person has given notice early (4 mths into the 12 month agreement.. The other two want to stay on and find a replacement tenant, but, they don't want a new agreement drawn up. a) because they would need to pay the admin cost, and b) because they think it will be hard to get a new tenant to sign up. I am not sure if they are right about that, but in any event, how will I stand with any new person they want to bring in, whose name is not on the tenancy agreement? Their tenancy agreement states that they should not sub-let, or give notice early or singularly, so it has been breached, but I am willing to renegotiate if the arrangements going forward are all fair and above board, and will not give me a problem further down the line. Please advise!!

    #2
    Originally posted by Wisbech View Post
    I have a tenancy agreement with 3 tenants (a couple and a single person). The single person has given notice early (4 mths into the 12 month agreement.. The other two want to stay on and find a replacement tenant, but, they don't want a new agreement drawn up. a) because they would need to pay the admin cost, and b) because they think it will be hard to get a new tenant to sign up. I am not sure if they are right about that, but in any event, how will I stand with any new person they want to bring in, whose name is not on the tenancy agreement? Their tenancy agreement states that they should not sub-let, or give notice early or singularly, so it has been breached, but I am willing to renegotiate if the arrangements going forward are all fair and above board, and will not give me a problem further down the line. Please advise!!
    First of all, you do not have to allow the 'single' person give notice - s/he continues to be jointly and severally liable for the tenancy for the whole of the fixed term. So if s/he moves out, you could still insist that the all three continue to pay the rent, between them, and sue any/all of them if they do not. They are being naive if they think they can wriggle out of the costs attendant on one of them leaving the others in the lurch.

    If you have agreed to let them find a replacement, that is very nice of you but you can insist it is on your terms, not theirs. I would strongly recommend that any new tenant is subject to the same referencing procedure as the original ones, can produce a guarantor and meets you personally before anything is signed. Otherwise they could move in Attila the Hun, Godzilla, Jacqui Smith's husband or a bank manager, and you would be stuck with them.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Early Notice and Replacement arrangements

      What a thought! Your advice makes sense, however would having a suitably vetted etc "tenant" who is not on any agreement and presumably going to pay rent to the existing tenants, have any rights with regard to the property? Thanks?

      Comment

      Latest Activity

      Collapse

      • Reply to Dogs
        by royw
        What does your AST say about it?
        05-12-2021, 23:20 PM
      • Dogs
        by Bridge2020
        My tenant has asked if he can get a dog. Where do I stand on this ?...
        05-12-2021, 11:23 AM
      • Advice on s.8 & s.21
        by Hetty911
        Hi all,

        Long time lurker, first time poster. Would be grateful for advice on the below.

        Have a tenant on a AST which expired in July and has rolled onto a periodic tenancy. Over past 6 months rent has been delayed, partial and on two occasions unpaid. 2 months rent is missing...
        05-12-2021, 22:01 PM
      • Reply to Accelerated possession order
        by Hudson01
        Unless the tenant has dependent children, some, or all with a disability, and some other form of vulnerability for her/him self..... they will be in a crummy emergency accommodation flea pit or a dumpy flat in a place resembling the film set of '' Escape from New York ''. They are deluded.
        05-12-2021, 20:36 PM
      • Accelerated possession order
        by Pariah81
        A tenant has refused to leave the property at the end of her tenancy and has now asked to be evicted as in her words 'that will make her eligible for a council house'.

        I am sending an accelerated possession order through the courts but whilst completed the forms noticed two apparent errors...
        05-12-2021, 18:12 PM
      • Reply to Accelerated possession order
        by theartfullodger
        Thatcher's 1988 housing act makes it clear tenant does not have to leave at end of fixed term

        Why help tenant take a council property from a more deserving case? I'd decline to serve s21. S8 if possible... (was she ever late with rent?)
        05-12-2021, 19:17 PM
      • Reply to Accelerated possession order
        by Pariah81
        Ok so it looks like the section 21 notice is invalid as a result of this error. The deposit scheme was not in place at the time of the notice.

        Apparently the deposit has to be returned in full....
        05-12-2021, 18:35 PM
      • Reply to Dogs
        by ash72
        The good thing is they have asked you prior to getting one, so the decision is yours. If you do decide then I would suggest you increase rent to compensate for your loss in the future.
        05-12-2021, 17:21 PM
      • Reply to Dogs
        by jpkeates
        I wouldn't, but it does depend on what type of dog.
        You should assume your carpets will all need replacing.
        05-12-2021, 16:21 PM
      • Reply to STA, Section 8 and Court delays/Christmas
        by jpkeates
        Assuming it's an AST (STA's are Scottish)...
        You don't have to renew the tenancy, just let it become periodic.
        And, you're right, don't renew it.

        To repossess, you'll either have to attend court or pay a solicitor to do so on your behalf.

        If the tenant doesn't owe...
        05-12-2021, 16:13 PM
      Working...
      X