Some joint Tenants want to leave tenancy mid term

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    Some joint Tenants want to leave tenancy mid term

    Hi

    I entered into a AST with 3 friends who were joint tenants till Feb 16. I registered the deposit with the DPS and had an independent inventory done.

    However, 2 of the tenants have contacted me in recent weeks to say that although they are happy with the flat they want to leave due to personal reasons (moving with partners etc).

    They have offered to find replacement tenants. I am wondering how best to deal with this contracts, dps, inventory, references etc. the 2 tenants may have their replacements move in at separate times.

    Any advice would be greatly appreciated.

    Regards
    Snoop

    #2
    Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters

    Comment


      #3
      The tenants are contracted until Feb 2016 and (unless you agree otherwise) are all responsible for rent, any damage, council tax, utilities etc.
      They can't just end the tenancy before the fixed term expires.

      That means that they are not really negotiating from a position of strength.

      You don't want "replacement" tenants on the same tenancy agreement, you want them to find replacements who will start a new tenancy (at the same time) who will be on a new agreement.

      You can then credit check the new people, check the "old" old tenants out, return deposits, and check the new tenants in.
      You can use a deed of surrender to end the "old" tenancy formally.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        jpkeates,

        Thanks for your advice.

        The lead tenant (the one who's not leaving) spoke to me today and said that he would be prepared to sublet the other 2 rooms and take responsibility of the rent.

        Is there anything i should be aware of about this before agreeing to it?

        Apparently the contract he uses asks for the landlords consent and signature.

        Regards
        Snoop

        Comment


          #5
          They can leave any time they like: But they remain responsible for the rent etc until end of fixed term: Indeed beyond that if tenancy is otherwise not legally ended. All 3 remain each responsible for ALL the rent, regardless of them living there or not.

          Do nothing: You don't HAVE to agree to any changes:
          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...

          Comment

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