Tenants want AST each

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    Tenants want AST each

    One of my properties is tenanted by two young ladies.

    One of them has signed an AST and the second lady pays towards the rent and bills etc.

    The second lady has now asked for her own AST.

    What are the pitfalls for me in doing this...I would prefer not to do it as it seems to be complicating things uneccessarily.

    Any advice would be appreciated.

    Thanks

    John

    #2
    Why does she want it? It would seem to be complicating things unnecessarily and I would simply tell her that.
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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      #3
      If the second tenant wants the property divided and separate AST's drawn up to make tenancies defining exclusive and shared parts of the building this would be a complication to be avoided. Maybe you need to talk the options through with all parties.

      Is the tenancy still within the initial fixed period or is it now a statutory periodic tenancy?

      It's no geat deal, if all parties agree, to issue a new AST for a joint tenancy.

      Perhaps you could say that, subject to the agreement of your original tenant, you would be prepared to consider the issue of a new AST for a joint tenancy.

      Before you can look into this further you will need to submit information to you tenant verification service (see the TenantVERIFY link above to download the forms to get the required information.

      My preference in a situation like this is to have a joint tenancy. This is in case the original tenant leaves and cause the need to deal with the second tenant as a "squatter".

      Good opportunity to talk to both the original and second occupier and sound out their feelings and objectives.

      @lawstudent - am I correct in understanding that if the original tenant leaves and the second tenant remains will the original tenant still be liable for rent until the property is vacated? Furthermore if the second tenant pays the full rent, and the landlord accepts it, would a tenancy be automatically created on a new fixed term? Would the landlord in any case be obliged to accept the rent from the second tenant in order to mitigate losses to the first tenant? These additional thoughts seem to endorse the suggestion that a new joint AST progressing to a statutory periodic tenancy might be best - it's certainly my preference.
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Originally posted by Worldlife
        @lawstudent - am I correct in understanding that if the original tenant leaves and the second tenant remains will the original tenant still be liable for rent until the property is vacated? yes Furthermore if the second tenant pays the full rent, and the landlord accepts it, would a tenancy be automatically created on a new fixed term? yes - I think a court might well regard this as creating a new tenancy but it would all depend on who had said or written what Would the landlord in any case be obliged to accept the rent from the second tenant in order to mitigate losses to the first tenant?not as a general rule These additional thoughts seem to endorse the suggestion that a new joint AST progressing to a statutory periodic tenancy might be best - it's certainly my preference.I agree
        my answers in red
        Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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