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Wisbech
31-03-2009, 15:11 PM
I have a tenancy agreement with 3 tenants (a couple and a single person). The single person has given notice early (4 mths into the 12 month agreement.. The other two want to stay on and find a replacement tenant, but, they don't want a new agreement drawn up. a) because they would need to pay the admin cost, and b) because they think it will be hard to get a new tenant to sign up. I am not sure if they are right about that, but in any event, how will I stand with any new person they want to bring in, whose name is not on the tenancy agreement? Their tenancy agreement states that they should not sub-let, or give notice early or singularly, so it has been breached, but I am willing to renegotiate if the arrangements going forward are all fair and above board, and will not give me a problem further down the line. Please advise!!

mind the gap
31-03-2009, 15:16 PM
I have a tenancy agreement with 3 tenants (a couple and a single person). The single person has given notice early (4 mths into the 12 month agreement.. The other two want to stay on and find a replacement tenant, but, they don't want a new agreement drawn up. a) because they would need to pay the admin cost, and b) because they think it will be hard to get a new tenant to sign up. I am not sure if they are right about that, but in any event, how will I stand with any new person they want to bring in, whose name is not on the tenancy agreement? Their tenancy agreement states that they should not sub-let, or give notice early or singularly, so it has been breached, but I am willing to renegotiate if the arrangements going forward are all fair and above board, and will not give me a problem further down the line. Please advise!!

First of all, you do not have to allow the 'single' person give notice - s/he continues to be jointly and severally liable for the tenancy for the whole of the fixed term. So if s/he moves out, you could still insist that the all three continue to pay the rent, between them, and sue any/all of them if they do not. They are being naive if they think they can wriggle out of the costs attendant on one of them leaving the others in the lurch.

If you have agreed to let them find a replacement, that is very nice of you but you can insist it is on your terms, not theirs. I would strongly recommend that any new tenant is subject to the same referencing procedure as the original ones, can produce a guarantor and meets you personally before anything is signed. Otherwise they could move in Attila the Hun, Godzilla, Jacqui Smith's husband or a bank manager, and you would be stuck with them.

Wisbech
31-03-2009, 17:13 PM
What a thought! Your advice makes sense, however would having a suitably vetted etc "tenant" who is not on any agreement and presumably going to pay rent to the existing tenants, have any rights with regard to the property? Thanks?