3 tenants on joint AST, replacing one tenant

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  • 3 tenants on joint AST, replacing one tenant

    they've been there 2 months. Just wondering what would be the normal procedure as they have found a replacement for a tenant that has left.

    Do I have to create a new AST? Can I modify the existing one?

    It's just a regular 6 months AST...

    many thanks in advance =p

  • #2
    new agreement

    Most leases make the tenants jointly and severally liable, so the existing two tenants would be liable for rent, in the absence of the third.

    In these cases I usually agree to issue a new lease with the departing tenant contributing to the administration costs involved (ie paper, ink, postage, time etc). I have subsequently found that this is such a common occurence that I have incorporated a fee of £75 in my lease for change of names, re-issue of lease etc.


    • #3
      ok thanks for that. My dad says, we can just modify the existing AST, remove the departed tenant and replace him with the new one, and as long as everyone signs that will be ok.

      However, I'm still a bit confused as to what is the true legal position. Is the original AST voided because the names have changed? Or does it only become binding for the first period when the old tenants were in place and then the new one takes effect from the time the tenants changed (but NOT a new 6 months period, simply the last part of the original 6 months?).

      EG: the old 3 tenants would be liable for the 1st period's rent and bills and the new 3 (2 of which overlap anyway) would be liable for the 2nd/last period of the original 6 months....


      • #4
        New tenant, new agreement, you can't simply alter an existing agreement.


        • #5
          ok thanks for that, in that case my next question is: would it be possible to just remove the departing tenant from the agreement and just leave the original 2 tenants on for the remainder of the period (and effectively treat the new tenant as their guest who would arrange himself directly with them?)


          • #6
            If one tenant terminates his AST, it terminates it for all tenants on the agreement I believe, so you'd have to get a new agreement signed.


            • #7
              Jennifer says "If one tenant terminates his AST, it terminates it for all tenants on the agreement I believe, so you'd have to get a new agreement signed."

              True! - but not in this case as only 2 months have elapsed and it would appear that there very well could be a 6/12 months tenancy but then the poster doesn't say. The remaining 2 tenants would be liable for the rent until the fixed term ended, and if any arrears uccurred all 3 would be potentially liable !

              If the tenant who had left did not formally notify the landlord he wanted to leave he should be contacted and a written submission made that he has no objection to the remaining tenants being given a new AST if he is released from his contractual obligations! He could after all return and still claim tenancy rights otherwise! You have to think through all these scenarios before putting "fingers to keyboard" (This now replaces "pen to paper" by the way!).
              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.


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