tenant wants to end first tenancy early

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  • tenant wants to end first tenancy early


    My two tenants signed their first Assured shorthold tenancy in July 2006 (the duration was for 6 months).

    now one of the tenants want to leave in a week and has found a new tenants to take their place. They want me to vet the new tenant and give her the ok to move in.

    Whats the best way to deal with this? I know that legally they need to see their first 6 months through before leaving. however I am happy to allow a new tenant to move in.

    What do i do about the deposit as the previous tenants paid it jointly and have a joint receipt?

    is it better to start all over again i.e. new tenancy, new deposit receipts etc..

    I appreciate any help.

  • #2
    Under these circumstances a new 6 month AST agreement should be drawn up, deposits refunded and new deposits collected from the remaining old and new tenants.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


    • #3
      A joint tenancy is ended if one of the parties to the agreement decides to terminate the joint tenancy. The joint tenants are individually and severally liable for the rent up until the endof the original six month term.

      Has the leaving tenant notified you in writing of his/her intention to vacate the property and when? If you don't have this in writing you could get involved in a future illegal eviction allegation. A weeks notification is much too short and if you agree changes can take place those changes are best effected after the end of a rental month.

      It may be best if both tenants nominate the replacement tenant as you will need to help the original joint tenants mitigate their potential losses.

      Confirm that if the new tenant satisfies the criteria of your vetting agency you will be willing to issue a new six month joint AST for the remaining tenant and the new replacement tenant. The new AST will be dated to begin on the same date of the month as the original six month AST. Ask them to endorse a copy of your letter to acknowledge its receipt and that they agree to your suggestions.
      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.


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