When one tenant moves out?

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

  • When one tenant moves out?

    Hi

    I have got three tenants living in the property. One of them is moving out as he has got some personal problems, which i dont have any issue with and before the six months break clause gets over!

    We have mutually agreed to revise the contract under the names of the 2continuing tenants. I think it comes under the surrender and re-grant operation. Now the questions are:

    1)If I do make the new agreement under the 2 continuing T's names, does it have the same starting dates as the previous one (Previous contract made on 14th August 2009)
    2)What provision of the Housing Act/LL and T's Act does it come under as the agreement itself doesnt have any special conditions in it which would enable me to revise the contract before the six months are over?


    Thanks

  • #2
    If all three tenants are jointly liable for rent, assign tenancy from leaving tenant to the two remaining*.

    Alternatively, issue a new AST for two remaining tenants. Start date will be when the new fixed term starts (not start date of old tenancy).

    * The above answers presume tenancy is an AST in England or Wales.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


    • #3
      But T1 (leaving) cannot surrender anything- he is not 'the tenant'.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Originally posted by jeffrey View Post
        But T1 (leaving) cannot surrender anything- he is not 'the tenant'.
        Agreed. The legal estate is vested in all the tenants.

        Either:

        1. T1 (leaving) and T2 and T3 (both staying) assign to T2 and T3

        or

        2. T1, T2 and T3 surrender and a new tenancy is granted to T2 and T3. (Query: does this mean the six month period referred to in Section 21 (5) of the Housing Act 1988 starts to run again?)

        Comment


        • #5
          Originally posted by Lawcruncher View Post
          2. T1, T2 and T3 surrender and a new tenancy is granted to T2 and T3. (Query: does this mean the six month period referred to in Section 21 (5) of the Housing Act 1988 starts to run again?)
          Yes. It refers to 'a replacement tenancy'- defined as where L and T are the same as beforehand. Here, they're not.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Don't forget to reprotect the deposit.

            Comment


            • #7
              Originally posted by irisace View Post
              Hi

              I have got three tenants living in the property. One of them is moving out as he has got some personal problems, which i dont have any issue with and before the six months break clause gets over!

              We have mutually agreed to revise the contract under the names of the 2continuing tenants. I think it comes under the surrender and re-grant operation. Now the questions are:

              1)If I do make the new agreement under the 2 continuing T's names, does it have the same starting dates as the previous one (Previous contract made on 14th August 2009)
              2)What provision of the Housing Act/LL and T's Act does it come under as the agreement itself doesnt have any special conditions in it which would enable me to revise the contract before the six months are over?


              Thanks

              The least complicated way is to terminate the current tenancy and create a new tenancy agreement, for a term agreed between you and the two tenants who will stay.

              You may find that they say :"what if we find a 3rd person to move in after x period of time".
              Then you just do the same thing again.

              Assigning tenancies and what happens to deposits, inventories, check-outs/ins etc., and other hassle is avoided by starting afresh.

              The only downside I experienced in doing this is if the tenants want to re-negotiate the rent due to market changes that took place after they signed the previous agreement.

              Comment


              • #8
                Thank you guys.

                That was very helpful.

                Thanks again

                Comment

                Latest Activity

                Collapse

                Working...
                X