New Tenancy to reflect change of one of the 2 tenants - condition report necessary?

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    New Tenancy to reflect change of one of the 2 tenants - condition report necessary?

    Two sisters rented a flat from me three years ago. One of the sisters moved out some time ago and the other's boyfriend has been living with her on and off - recently fairly permanently. We have agreed to start a new tenancy to reflect that he lives there. The flat is in pretty good condition and I think they would be happy for a new tenancy to refer to the condition check we did when she first moved in. I appreciate it is not perfect, but it would avoid little hassles like them having to make sure bulbs and cleaning are up to date, etc for an interim check.

    I have explained to the new tenant that to do this would mean they are both liable for any damage back to the start of the original tenancy (if any) which he was not party to. Is mutually agreed reference to an earlier condition report valid/enforceable where one of the tenants stays the same?
    Assume I know nothing.

    #2
    IMO it would be better for all concerned to treat this a a new AST and not an 'assignment'
    Do a move out inspection, which can also act as move in inspection for new TA.
    Decide if any T damage applies to deposit or requires payment, return deposit balance for 2 sisters T and take new full deposit (if required) Protect new deposit and issue PI
    Athough a bit of extra work etc, new AST is a good time to reset the inventory clock and avoid potential future disputes, esp from new T.
    You are the LL, so your choice,

    Comment


      #3
      I agree that it is more water tight. But the problem arises that a professional end of tenancy clean (just as an example) is different to the reasonable standard of cleanliness usually maintained during occupation. So the inspection says it's not as when they moved in and then sets the standard low for the end of the new tenancy. So then I need to make deductions for cleaning in relation to the outgoing tenancy - which would seem unreasonable. Hmm.
      Assume I know nothing.

      Comment

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