Replacing Joint Tenant - new contract or periodic tenancy?

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

  • westminster
    replied
    Originally posted by turnersham View Post
    We rent out a flat currently to two joint tenants.

    Mr A has told us he is vacating the property at the end of the six month term. Mr B wants to stay in the property but can only afford half the rent.

    Mr A has found somebody willing to move in and all is agreeable with Mr B. We have requested references and employment check which has come back fine.

    However, we would prefer to keep the tenancy as a periodic can we just do an amendment to the existing contract adding Miss C as a new tenant and removing Mr A or would a new contract have to be set up?
    Yes, you can assign Mr A's position to Miss C by a deed of assignment. It'd be advisable to pay a solicitor to do this.

    Could we just add Miss C as a permitted resident and keep it as a monthly rollover?
    Yes, but Mr A would continue to be one of the joint tenants, and jointly and individually liable for all of the rent; and I doubt he'd want that. And Miss C wouldn't be a tenant therefore not liable for the rent. And Mr A could serve notice to quit at any time after the tenancy became periodic, thus ending the whole tenancy.

    What would be the legal implications of each one for us as landlords?
    In the first scenario, the implications are possibly that Miss C won't want to take on liability for any damage caused during the first six months of the tenancy. So it'd be advisable to do a check-out/check-in inventory when she moved in, return Mr A's deposit (less any agreed deductions), and start with a fresh slate.

    The second scenario isn't viable.

    There's a third scenario. End the current tenancy of Mr A & Mr B by a deed of surrender. Grant a contractual periodic tenancy to Mr B and Miss C - ASTs don't have to be fixed term.

    But do bear in mind that, in a periodic tenancy (statutory or contractual), then any/either one of the joint tenants can end the whole tenancy at any time by serving valid notice to quit.*

    *I'm only guessing that this applies to contractual periodic tenancies (as well as statutory ones), on the basis that, if notice had to be served by all joint tenants together, then theoretically an individual tenant might never be able to exit the contract without the cooperation of all the other tenants.

    Leave a comment:


  • Snorkerz
    replied
    You can have a periodic tenancy from day 1 - it doesn't have to be a fixed term. http://www.landlordlawblog.co.uk/201...iodic-tenancy/. You would not be able to evict under section 21 in the first 6 months.

    However, Mr A can (with yours & Mr Bs permission) assign his place on the tenancy to Miss C - BUT - that is likely to get messy for both sides when it comes to deposits. http://tenancyanswers.ucoz.com/index...g_tenants/0-25

    Leave a comment:


  • Replacing Joint Tenant - new contract or periodic tenancy?

    We rent out a flat currently to two joint tenants.

    Mr A has told us he is vacating the property at the end of the six month term. Mr B wants to stay in the property but can only afford half the rent.

    Mr A has found somebody willing to move in and all is agreeable with Mr B. We have requested references and employment check which has come back fine.

    However, we would prefer to keep the tenancy as a periodic can we just do an amendment to the existing contract adding Miss C as a new tenant and removing Mr A or would a new contract have to be set up?

    Could we just add Miss C as a permitted resident and keep it as a monthly rollover?

    What would be the legal implications of each one for us as landlords?

    Thank you

Latest Activity

Collapse

  • Reply to Single parent renting
    by SouthernDave
    Theres no such thing as discrimination in business. all decisions are made commercially and selfishly, which is exactly right.
    The world is a crappy place nowadays and I feel sorry for your friend. She is fighting a losing battle. LLs can pick and choose who they rent to, and that’s that. There...
    19-05-2022, 09:36 AM
  • Single parent renting
    by Dct
    A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
    18-05-2022, 16:32 PM
  • Reply to Advice for tenant asked for big rent rise
    by DoricPixie
    According to the ONS the RPI for the past 12 months is a 13.1% so at £1300 that would mean an increase of almost back to where you were for the first fixed term, and at £1500 that would take you to just shy of £1700pcm. Is a rent of between £1500pcm and £1700pcm affordable for you?

    ...
    19-05-2022, 09:35 AM
  • Advice for tenant asked for big rent rise
    by Renterthedragon
    I’m a tenant facing a sharp rent increase and in need of advice.

    I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

    Approaching the end...
    18-05-2022, 22:10 PM
  • Reply to Advice for tenant asked for big rent rise
    by jpkeates
    RPI is about 7.5% for last year (you'd need to find a source you and the landlord agree on).
    It depends on how the rent was reduced whether the start point is £1500 or £1300 pcm.

    If it's £1500, the new rent is going to be around £1612.50 pcm.
    Which is what I'd offer if that's...
    19-05-2022, 09:29 AM
  • Reply to Advice for tenant asked for big rent rise
    by Renterthedragon
    Thanks all for the advice and suggestions.

    A few people said it would be helpful to get an idea of the prices involved, and I can provide these:

    - First annual tenancy: £1500 pcm
    - Second annual tenancy: £1300 pcm
    - For the third year, the agent says the landlord...
    19-05-2022, 09:22 AM
  • Reply to Advice for tenant and section 8 counter claim
    by DoricPixie
    I'm guessing your landlord has used ground 8 for the Section 8 so your goal is to get the arrears under 2 months (assuming your rent is due monthly) by counter-claiming. Ben Reeves over at the Landlord Law Blog seems to think it is possible to counter-claim for damages to bring the arrears below the...
    19-05-2022, 09:19 AM
  • Advice for tenant and section 8 counter claim
    by Forgetmeknot
    I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
    so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
    18-05-2022, 16:30 PM
  • Reply to Is my estate agent misleading me?
    by Lawcruncher
    In a case where the deposit protection rules do not apply how a deposit is dealt with depends on the terms on which it is held. What does the tenancy agreement or other relevant document say?
    19-05-2022, 09:14 AM
  • Is my estate agent misleading me?
    by abimsalabim
    I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
    18-05-2022, 14:15 PM
Working...
X