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irisace
05-11-2009, 15:04 PM
Hi

I have got three tenants living in the property. One of them is moving out as he has got some personal problems, which i dont have any issue with and before the six months break clause gets over!

We have mutually agreed to revise the contract under the names of the 2continuing tenants. I think it comes under the surrender and re-grant operation. Now the questions are:

1)If I do make the new agreement under the 2 continuing T's names, does it have the same starting dates as the previous one (Previous contract made on 14th August 2009)
2)What provision of the Housing Act/LL and T's Act does it come under as the agreement itself doesnt have any special conditions in it which would enable me to revise the contract before the six months are over?


Thanks

tom999
05-11-2009, 15:25 PM
If all three tenants are jointly liable for rent, assign tenancy from leaving tenant to the two remaining*.

Alternatively, issue a new AST for two remaining tenants. Start date will be when the new fixed term starts (not start date of old tenancy).

* The above answers presume tenancy is an AST in England or Wales.

jeffrey
05-11-2009, 15:32 PM
But T1 (leaving) cannot surrender anything- he is not 'the tenant'.

Lawcruncher
05-11-2009, 18:08 PM
But T1 (leaving) cannot surrender anything- he is not 'the tenant'.

Agreed. The legal estate is vested in all the tenants.

Either:

1. T1 (leaving) and T2 and T3 (both staying) assign to T2 and T3

or

2. T1, T2 and T3 surrender and a new tenancy is granted to T2 and T3. (Query: does this mean the six month period referred to in Section 21 (5) of the Housing Act 1988 starts to run again?)

jeffrey
05-11-2009, 18:15 PM
2. T1, T2 and T3 surrender and a new tenancy is granted to T2 and T3. (Query: does this mean the six month period referred to in Section 21 (5) of the Housing Act 1988 starts to run again?)
Yes. It refers to 'a replacement tenancy'- defined as where L and T are the same as beforehand. Here, they're not.

westminster
05-11-2009, 18:38 PM
Don't forget to reprotect the deposit.

HairyLandlord
05-11-2009, 18:46 PM
Hi

I have got three tenants living in the property. One of them is moving out as he has got some personal problems, which i dont have any issue with and before the six months break clause gets over!

We have mutually agreed to revise the contract under the names of the 2continuing tenants. I think it comes under the surrender and re-grant operation. Now the questions are:

1)If I do make the new agreement under the 2 continuing T's names, does it have the same starting dates as the previous one (Previous contract made on 14th August 2009)
2)What provision of the Housing Act/LL and T's Act does it come under as the agreement itself doesnt have any special conditions in it which would enable me to revise the contract before the six months are over?


Thanks


The least complicated way is to terminate the current tenancy and create a new tenancy agreement, for a term agreed between you and the two tenants who will stay.

You may find that they say :"what if we find a 3rd person to move in after x period of time".
Then you just do the same thing again.

Assigning tenancies and what happens to deposits, inventories, check-outs/ins etc., and other hassle is avoided by starting afresh.

The only downside I experienced in doing this is if the tenants want to re-negotiate the rent due to market changes that took place after they signed the previous agreement.

irisace
06-11-2009, 18:28 PM
Thank you guys.

That was very helpful.

Thanks again