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alihammermsith
24-03-2010, 09:18 AM
Hi there,
I am considering taking over the tenancy agreement of a couple who have split up and are moving back home (presumably to other ends of the country!). Their tenancy agreement is up in August 2010 and I would like to stay in the flat longer than that.
Does anyone have advice or know what I should look out for before I agree?
Thank you!
Alihammermsith

mind the gap
24-03-2010, 09:54 AM
Hi there,
I am considering taking over the tenancy agreement of a couple who have split up and are moving back home (presumably to other ends of the country!). Their tenancy agreement is up in August 2010 and I would like to stay in the flat longer than that.
Does anyone have advice or know what I should look out for before I agree?
Thank you!
Alihammermsith

I am not sure quite what kind of advice you are hoping for, but assuming you are already sharing the property, make sure you can afford the full rent by yourself?

Does the couple propose to out before the end of the fixed term?

alihammermsith
24-03-2010, 10:02 AM
Apologies for being vague - I want to move into their flat. I am worried of being exposed to, say, to damage they may have made to the flat that I would be liable for etc...

mind the gap
24-03-2010, 10:08 AM
Apologies for being vague - I want to move into their flat. I am worried of being exposed to, say, to damage they may have made to the flat that I would be liable for etc...

I am still unsure what you propose to do and thus, what advice we can give you. Please clarify: when do the couple intend to move out?

If this is before the end of their fixed term, you cannot just move in and 'take over' their tenancy. In your own interests you should insist that they agree a surrender with their LL and that you are given a tenancy agreement in your own name. Otherwise you would be their subtenants with fewer rights and as you fear, you may end up being responsible for their debts/damage.

You need to agree a new tenancy, with a full inventory check when you move in and your own deposit being protected by LL.

alihammermsith
24-03-2010, 10:30 AM
I am still unsure what you propose to do and thus, what advice we can give you. Please clarify: when do the couple intend to move out?

If this is before the end of their fixed term, you cannot just move in and 'take over' their tenancy. In your own interests you should insist that they agree a surrender with their LL and that you are given a tenancy agreement in your own name. Otherwise you would be their subtenants with fewer rights and as you fear, you may end up being responsible for their debts/damage.

You need to agree a new tenancy, with a full inventory check when you move in and your own deposit being protected by LL.

They are moving out before their fixed term. Thanks for this - we will have to see how the landlord reacts to them breaking the terms of the contract, but proposing new tenants (I have excellent references and am in full time employment). Do you, or anyone else, have any experience of this?

jeffrey
24-03-2010, 13:28 PM
Better: ask for consent to old T's assignment to you (so no need for deposit reprotection) using Deed of Assignment to be prepared by solicitors.

alihammermsith
24-03-2010, 14:59 PM
Better: ask for consent to old T's assignment to you (so no need for deposit reprotection) using Deed of Assignment to be prepared by solicitors.

Thanks Jeffrey - they were referring to a re-assigment of deeds as I recall. I wanted to know if there are any pitfalls with doing this for the new tenant (ie me?)

jeffrey
24-03-2010, 15:30 PM
Not a re-assignment (= assigning back to a predecessor). instead, either:
a. old T assigns existing tenancy to new T (with L's consent and joinder); or
b. old T surrenders existing tenancy to L, and L grants new tenancy to new T.