New tenant replacing tenant in shared house with single AST

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    New tenant replacing tenant in shared house with single AST

    My question may have been answered previously - I have searched forum but cannot find easily.

    Situation: Four students took my house on single AST agreement in September, paid deposit which was registered and sent in C/T exemption forms and promptly paid bills etc.

    They have now fallen out and one student has decided to leave but she has found a replacement to take her place (to secure the new tenant she took a deposit) and the other students have agreed to the new tenant.

    Q1. How do I change the AST to reflect that a new tenant has been added in replacement of the old - or do I have to issue a new AST which ALL students have to sign again?

    Q2. What happens to the deposit of the tenants who is leaving as technically she has already got the deposit from the new tenant? - she has told me to use her deposit for the new tenant (The Deposit Protection Service has informed me that I need to request the full amount of the deposit and then resubmit it again with the new tenant - this could take over 14 days and techically I will be in breach, alternatively I should register the new tenants deposit seperately which I don't want to do as the deposit is for the whole house on a single AST)

    #2
    Originally posted by TopNotch View Post
    Q1. How do I change the AST to reflect that a new tenant has been added in replacement of the old - or do I have to issue a new AST which ALL students have to sign again?
    Two options:
    (1) Issue a new AST for the four 'replacement' tenants; or
    (2) Complete a Deed of Assignment; where the tenancy will be assigned from the existing tenants to the 'replacement' tenants.

    If (1), deposit* will need to be re-protected. If (2), desposit* may still need protection as effectively, LL is receiving a deposit. The argument against this is that, no new tenancy has been granted, so deposit protection is not required. Other's may wish to comment.


    * For an AST in England or Wales where annual rate of rent is no more than £25k.
    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
      Originally posted by tom999 View Post
      Two options:
      (2) Complete a Deed of Assignment; where the tenancy will be assigned from the existing tenants to the 'replacement' tenants.
      Wow -That was quick!

      Where can I get a template for this?

      Comment


        #4
        You can get a Deed of Assignment from RLA or NLA. Below is a basic template*:


        DEED OF ASSIGNMENT OF TENANCY

        This assignment is made on____________________________________________ (Insert date)
        Between:__________________________________________ ___________________(Landlord)
        __________________________________________________ __________(Remaining Tenant/s)
        __________________________________________________ ___________(Outgoing Tenant/s)
        and __________________________________________________ ____(Replacement Tenant/s)

        This Deed of Assignment is supplemental to the Tenancy Agreement dated _____________
        relating to the property at:
        _______________________________________________
        _______________________________________________
        _______________________________________________
        _______________________________________________
        (address of property let)

        Whereby it is agreed as follows:
        1. The Remaining Tenant(s) and the Outgoing Tenant(s) hereby assign to the Remaining
        Tenant(s) and the Replacement Tenant(s) the property which is let under the terms and
        conditions of the Tenancy Agreement from the Date of Assignment above for the remainder
        of the tenancy term created by the above agreement.
        2. The Landlord hereby agrees to this assignment.
        3. The Replacement Tenant(s) agrees with the Outgoing Tenant(s) that the Replacement
        Tenant(s) will at all times hereafter keep the Outgoing Tenant(s) indemnified against all
        payments and obligations arising from the Tenancy Agreement after the date of Assignment.
        4. The Replacement Tenant(s) agrees with the Landlord and the Remaining Tenant(s) that from
        and including the Date of Assignment and thereafter during the remainder of the tenancy
        created by the Agreement the Replacement Tenant(s) will discharge and perform all
        obligations and make all due payments contained in the Tenancy Agreement.
        5. References to the Tenancy Agreement shall include any extension or continuation thereof.
        6. This document is a DEED and has been executed as a DEED.

        Signed

        __________________________________________________ _______________(The Landlord)
        Date of Signing:

        __________________________________________________ ______(The Remaining Tenant/s)
        Date of Signing:

        __________________________________________________ ______(The Remaining Tenant/s)
        Date of Signing:

        __________________________________________________ ______(The Remaining Tenant/s)
        Date of Signing:

        __________________________________________________ ________(The Outgoing Tenant/s)
        Date of Signing:

        __________________________________________________ ________(Replacement Tenant/s)
        Date of Signing:


        Signature of Witness___________________________________________ _________________
        Date of Signing:

        Name of Witness:
        Address of Witness:


        * Disclaimer: If you're unsure of the validity of any document, seek specialist legal advice.
        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


          #5
          Thank you for your prompt reply - really appreciate it

          I love this board!!

          Comment


            #6
            I would recommend you take all the precautions with this new tenant you took with the old - and if there are costs involved then they should pay.

            References / Credit Check / Guarantor etc etc

            Comment

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