Joint AST expiry & change in tenant

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  • Joint AST expiry & change in tenant

    Hi,

    My 3 tenants are on a joint 6 month AST which expires at the end of October.

    2 have indicated that they will only renew if the 3rd tenant is not on the next agreement and are happy to find a replacement tenant on the proviso that they pass the usual tenant and credit checks to my satisfaction.

    They desire this because of household tensions and social problems of the last tenant.

    So my natural query is whether it is a good idea to do this? I can understand why they don't enjoy living with the other person but I am mindful that I may be setting a precedent whereby there is a regular change of tenant for one reason and another. On the other hand, these 2 are model tenants whereas the last is not.

    Also, how can I prepare for a worse case scenario of the 3rd tenant should he resent their actions and not wish to leave at the end of the tenancy, for example?

    thanks in anticipation of your response

  • #2
    You can decide to let the property to whom you like but if you want possession from only one tenant you should serve a S.21 Notice on all three, then tell them if they want a new tenancy then they should approach you (so as not to void your S.21 Notice). You will need to serve the Notice by Wednesday preferably as Thursday could be risky if you have to go to court, so it should be done by hand as soon as possible if the fixed term ends on 31 October.

    When your tenants say they want a new tenancy, you can say to the two you want to stay "okay" but tell the other that you don't want to offer them one.

    If the person then refuses to move then your only redress is court action.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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