Assignment Deed for AST- change of tenants

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  • Assignment Deed for AST- change of tenants

    Joint AST for a periodic tenancy.

    Original tenant left. New tenant joins the existing tenancy via a Deed of Assignment.

    Now the newest tenant (who became a tenant via the Deed of Assignment) intends to leave.

    Can their replacment complete a Deed of Assignment or is it only valid for the first tenants named on the original tenancy agreement? Can a Deed of Assignment be used again in this situation?

  • #2
    As I understand it (and I could be wrong) the tenancy is now completely with the tenants as defined by the deed, so there is no difference whether the person wanting a deed is one of the original ones or the newest one.

    You might need to be a bit careful with the deposits though, regarding any damage the outgoing tenant may have caused. But you might be able to get the outgoing and the incoming tenants to agree between them whether the incoming needs to recompense the outgoing one or whether they're happy to take on the whole liability by effectively 'buying' the outgoing tenant's deposit.

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    • #3
      Originally posted by Surrey View Post
      As I understand it (and I could be wrong) the tenancy is now completely with the tenants as defined by the deed, so there is no difference whether the person wanting a deed is one of the original ones or the newest one.
      Yes. A second (or third etc.) Assignment is legally OK- but ensure absolutely correct details in defining names and roles of:
      a. original tenants;
      b. current tenants (as a result of previous Assignments);
      c. now-intending departee; and
      d. now-intending arrivee.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        If you could send me a copy of the wording of such an agreement I wold be really gratefull

        Ian Wallace.................ian@josswallace.co.uk

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        • #5
          Did the "original" tenant serve Notice on you to end the tenancy, because if so then a new AST should have been drawn up as it automatically ends on expiry of their notice period?

          I'm personally not keen on Deeds of Assignment as it's usually easier to draft a new tenancy agreement.
          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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