One tenant of a pair moves out...

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  • One tenant of a pair moves out...

    ... to be replaced by another.

    And all without notification to the landlord. There seems to be such a lot of this going on.

    What is the landlord's position with regard to ensuring that the 'replacement':

    1. is creditworthy

    2. is added to the tenancy agreement

    3. pays any costs relating to 1 and 2.

    ......... ??

  • #2
    Assume a letting by L to T1 and T2. T1 goes, and X arrives.

    T1 is still liable under tenancy obligations, unless and until:
    a. L releases T1; or
    b. tenancy ends.

    X is:
    a. licensee, so far as concerns T2; but
    b. trespasser, so far as concerns L, unless and until L:
    i. permits Assignment of tenancy (from T1+T2 to T2+X); or
    ii. grants new tenancy to T2+X.
    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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    • #3
      If Landlord accepts rent direct from replacement tenant, this may complicate the issue as it could constitute acceptance of new tenant by Landlord


      Hence LL should not accept rent direct from replacement unless he wishes to acknowledge him as new tenant.

      Useful article on sharers:

      http://www.painsmith.co.uk/painsmith...es/sharers.pdf
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

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      • #4
        Originally posted by Bel View Post
        If Landlord accepts rent direct from replacement tenant, this may complicate the issue as it could constitute acceptance of new tenant by Landlord


        Hence LL should not accept rent direct from replacement unless he wishes to acknowledge him as new tenant.

        Useful article on sharers:

        http://www.painsmith.co.uk/painsmith...es/sharers.pdf
        This is the point which concerns me as, with the the rent being paid monthly in a lump sum from the bank account of, as Jeffrey would put it, T2, it could be many months before the situation is discovered. The newcomer could argue that they have paid for some time and I have accepted their money, albeit unwittingly.

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        • #5
          I would think that is only a problem if there is money transferred direct from the replacement tenant to the LL.

          If Replacement gives money to T2, who then pays LL, the replacement could technically be the lodger of T2; ie. T2 is his landlord.

          T1 and T2 can be held liable for the whole of the fixed term, unless other set up is 'accepted' by LL. After that, T1 will still be liable as original joint tenant until a valid notice to quit is served.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

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          • #6
            So does T1, perhaps many months/years down the line, still receive their half of the deposit when it comes to end of tenancy inspection?

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            • #7
              Depends on the wording of the tenancy. Any agreements I have issued state clearly that the deposit is also a joint deposit and that the deposit will be returned to a single named person at the end of the tenancy. It would then be up to the outgoing tenants to fight among themselves for who has to foot the bill for whatever damage has been done. (For example, deposit of £500 between two people but damage was done to the bedroom of one of the tenants, it's clear who should be responsible, but if there was damage done to the living room you as landlord don't want to be involved in any inter-tenant arguments.)

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