tenancy variation

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  • tenancy variation

    I have four tenants in a house on a joint contract which is 10 months into a 12 month contract.
    One of the tenants wants to move out and has already found a new tenant to replace them, as it happens they are a previous tenant of mine at that house , so that is all good and I have no problems with that.

    However I don't want to give them all a new 6 month fixed term, as hopefully I will be taking the property back some time in the next few months to develop it.
    How should I note this variation on the tenancy agreement and can it be done amongst ourselves or does it need to be legaly witnessed.

    Cheers
    gareth

  • #2
    Originally posted by chappers2341 View Post
    How should I note this variation on the tenancy agreement and can it be done amongst ourselves or does it need to be legaly witnessed.
    I don't know how you would do this formally or whether it would require a variation by Deed (needing witnesses). But I would be careful to check that it didn't have any knock on effect such as re-starting the six months clock for possession, as well as deposit protection implications - i.e. would you have to vary that as well?

    A probably simpler alternative would be for the 3 remaining tenants to take the new tenant in as a lodger - if the new tenant is happy with the lack of security of tenure. With only two months left on the contract, he must be aware that it may not be a long term thing, anyway.

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    • #3
      The way to do what you are suggesting is for the original four tenants to assign the tenancy to the new four tenants. This is done by a deed of assignment. The bad news is that you are unlikely to find a free precedent for this. The good news is that it is a very simple legal document and shouldnt cost too much if provided by a competent and experienced solicitor. My guess would be around £200 or so.

      Whether this represents value for money for you is, of course, quite a different matter. As Westminster suggests, taking in a lodger is an option, but technically the landlord for the lodger would be all four original tenants, not just the remaining three.

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      • #4
        Presumably the Ts know that you intend to regain possession soon?
        '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

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        • #5
          Thankyou all, yes I have kept the tenants in the loop, since I first rented the property 3 years ago.
          All of the tenants are fine and I know I wouldn't have any problems with them, they are part of a group of friends who have come and gone amongst themselves in the past, they always pay their rent on the dot, have always done exactly as they say , Including paying me for bills after they had left in the past.
          In the past I have just issued them with a new tenancy when there has been a change. Its just absolving the leaving tenant of his responsibilities, if they are all happy, then I am happy for Danny to just become their lodger(the leaving tenant is going back to SA to live anyway, failing that my Brother-in-law is a solicitor and I will get a deed of assignment drawn up , hopefully free if not cheap.
          As the one thing I don't want to do is create another fixed term contract.

          Cheers once again

          Gareth

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          • #6
            Originally posted by westminster View Post
            But I would be careful to check that it didn't have any knock on effect such as re-starting the six months clock for possession.
            Yes, it would. The six-month rule is disapplied only on a renewal tenancy by same L to same T for same premises. See s.21(5).
            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).

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            • #7
              Once again thanks all.
              It's all sorted, mytenant who is going back to SA doesn't really care that he will still be on the tenancy agreement the other 3 are happy to take on responsibility for the house on their own and take the new tenant as a lodger, they are all good friends and I too have agood relationship with them and trust them.
              The other three tenants are going to give him his deposit back leaving the original deposit for the remaining three to share at the end of the tenancy.

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