Tenancy change.

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

    Tenancy change.

    I have a father and son in my flat on a normal 6 months tenancy, they have been in 15 months.they are both named on the tenancy, both work.
    The son has now moved out and the fathers other two sons have moved in one working the other at school.
    My question is do I issue a new tenancy agreement or just add a note to the existing agreement noting the new names?

    Cheers John.......

    #2
    No. there's no need. As long as you are getting the rent. The original tenants are still responsible for the rent until they end the tenancy, the elder son can be considered to be a lodger (excluded occupier) if it comes to eviction and bailiffs. If the other son is under eighteen then he is entitled to live with his father and would not be able to sign a contract as a minor anyway. If you are happy with the way the tenancy has gone as a whole then just let it carry on.

    If the tenant wants the security of a fixed term however and you are happy to give it to him then would be the time to do a new contract with the new names on it. That would give you the hassle of paying back the deposit and then taking it again etc. etc.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      thanks JTA

      Tankyou for the swift reply.

      Very helpful........

      John........

      Comment


        #4
        Originally posted by jta View Post
        If the tenant wants the security of a fixed term however and you are happy to give it to him then would be the time to do a new contract with the new names on it. That would give you the hassle of paying back the deposit and then taking it again etc. etc.
        But L cannot grant a new letting to father +sons2/3 if the old letting to father + son1 is still continuing; the latter needs to be ended.
        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

        Latest Activity

        Collapse

        • Reply to Joint tenancy agreement, 1 tenant has already moved out
          by DoricPixie
          In the opening post you said there was 6 month fixed term AST with both your niece and her now-ex-partner named as joint tenants. Now you are saying there was never a tenancy agreement drawn up.

          With the benefit of hindsight it would have been better if you'd had your niece pay money into...
          27-10-2021, 06:33 AM
        • Joint tenancy agreement, 1 tenant has already moved out
          by Yorkie2020
          Good evening all,

          I wonder if I could get some advice on ending an AST tenancy in England.

          Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
          20-10-2021, 19:44 PM
        • Reply to Joint tenancy agreement, 1 tenant has already moved out
          by Yorkie2020
          Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
          JPkeats,...
          27-10-2021, 02:02 AM
        • Reply to Increasing rent
          by jpkeates
          There may be something on the NRLA website, but I don't know of a standard template.

          To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
          26-10-2021, 17:37 PM
        • Increasing rent
          by Berlingogirl
          Tenancy start date May 2020 in England. 6 month initial AST.
          My tenancy agreement says
          “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
          Is there a specific form I should use?...
          26-10-2021, 13:33 PM
        • Reply to Increasing rent
          by Berlingogirl
          Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
          26-10-2021, 17:05 PM
        • Reply to Increasing rent
          by jpkeates
          If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

          Otherwise, you just need to get the tenant to agree and start paying the new rent...
          26-10-2021, 13:58 PM
        • Reply to Advanced rent and S21 Notices
          by jpkeates
          It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

          If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
          26-10-2021, 08:35 AM
        • Advanced rent and S21 Notices
          by Shorif908
          Hi All,

          I have recently had new tenants move in.
          the estate agent did the whole thing and put them in.

          The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
          26-10-2021, 08:06 AM
        • Reply to Advanced rent and S21 Notices
          by Lesney Park
          BUT to answer your question, yes the 3 months very much look like an unlawful deposit, being for a non-defined period (the last 3 months of a tenancy). If it is for a specific 3 months, its a bit lesss grey but then I'm wondering what you hope to achieve...
          26-10-2021, 08:35 AM
        Working...
        X