Joint Tenancy issue

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  • Joint Tenancy issue

    I had 3 eastern european males renting my property. Unfortunately one decided he was a little homesick and left without notice. I have several potential tenants available to replace him but my query lies with regards the legal standing of the original tenancy agreement (AST). Would I need to issue a new separate tenancy for this new tenant with new dates etc or can I just modify the original tenancy agreement?



  • #2
    You can do one of the following:-
    1. Issue the exisiting tenants with one new AST jointly or two separately, and the new tenant with his own AST as well.
    2. Issue all three with a new AST with "joint & several liability".

    You can't modify an exisiting agreement, and you can't backdate any agreement. Another problem is that any tenant whose first language is not English then you will almost cetainly be unable to enforce any of the clauses on the tenants, unless you have evidence that it has been read out to them in their own language; they must provide an interpreter and must pay for it, not you. If you don't do this you will have problems recovering any losses; you probably will anyway as they almost certainly will have returned home or left the country when you need to contact them.
    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.


    • #3
      If you let the house as a whole to all three tenants, the other two will now become responsible to honour the agreement.

      You could cancel the agreement with their consent and make a new agreement with them and the new person, if they all agree to share the house and be responsible on a joint and several liability basis.

      If you are letting the house on a room basis with common use of other facilities, you would be best advised to have individual AST agreements with each of them. This way you can deal with each room as it becomes vacant without involving the other tenants.
      Private advice is available for a fee by sending a private message.


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