Marriage

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    Marriage

    An excellent tenant of several years has just got married. I gave permission for her then partner to move in a couple of years ago and no alteration of the tenancy agreement was made. As she has now changed her name, do I need a new tenancy agreement with both names or even just hers in her married name?

    #2
    No, but if he works and anyway you might wwant new tenancy with both names on as tenants so should it go wrong you can sue both/either.... unless she had guarantor in which case probably leave as-is...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      You do not need a new tenancy agreement. In spite of her new name, she is still the same person, legally - she remains your tenant and the tenancy remains in place, exactly as before.

      You might want a new tenancy agreement, but you cannot force her new husband to become a joint tenant.

      Bear in mind that if you grant a new, and joint, tenancy, then legally this will be a completely new and separate tenancy. Because the tenant would be different; Tenant A is not the same tenant as Tenant A+B.

      So, you'd have to conduct the changeover and deal with the deposit in the same way as if you were ending a tenancy and granting a new tenancy to someone completely new. Do inventory/condition check-out/check-in reports.

      I don't know how which deposit scheme you use, but it wouldn't have to necessarily involve physically refunding the deposit to Mrs T. It could be agreed that it was re-paid against the new tenancy, but it would be essential to re-protect the deposit money against the new tenancy, and to provide Mr & Mrs T with the prescribed information.

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        #4
        Considering the circumstances, would it be possible to simplify the procedure as such:
        Landlord and old and new tenants to agree that (1) existing deposit is transferred to new tenancy, and (2) that existing inventory/schedule of conditions carries on to new tenancy in a way that, when they leave, state of property will be compared to existing inventory with wear and tear accounted for since it was made (not since start of new joint tenancy).

        If OP starts with check out and new check in reports now, they he will also have to deal with any deposit deductions now, and perhaps ask for new deposit payment to compensate. Not to mention that the property is occupied and fully furnished, so not the easiest to check condition.

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