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HomeLets
05-10-2011, 15:43 PM
When an existing tenancy is outside the initial period, and one person decides to move out, how do you deal with the check-out, cleaning/repairs, schedule of condition and deposit matters which arise?

When this happens, we bring the tenancy to an end and take a new deposit to ensure it is protected properly. We have been checking the bedroom of the out-going tenant, performing a check-out and basing that person's departure on the condition of their room. Their replacement would then have a schedule of condition for that bedroom and would rely upon the schedule of condition for the whole house from the commencement of the tenancy.

We can only see two possible scenarios to ensure fairness:


Should we insist that all tenants to move out, to enable us to do a complete check-out inspection, any necessary cleaning and a new schedule of condition?

Can we make the in-going tenant take their room within the property with the understanding that they accept joint and several responsibility for any damages which may have occured in the remainder of the property prior to their arrival?


Neither of these options seem viable. What should be done?

Thanks for reading
HL

westminster
05-10-2011, 23:30 PM
Are you talking about a joint tenancy for a whole property, or individual tenancies for individual rooms in a shared property?

(Either way, you talk of 'bringing the tenancy to an end' and ask whether you should 'insist' that a tenant moves out - but the only way that the non-resident LL of a tenancy in England/Wales can unilaterally end a tenancy is by serving notice, obtaining a possession order and getting a bailiff to enforce it; nor can a LL 'insist' that a tenant moves out without obtaining and enforcing a court order).

HomeLets
06-10-2011, 10:17 AM
Yes, it's a joint and several tenancy for the whole property, which is brought to an end by virtue of one person handing in their notice.
My query is where the existing tenant(s) wish to stay on and someone new replaces the person who vacates.
Thanks again.

Brixtonia
06-10-2011, 11:17 AM
I just logged in to ask a similar question.

Two tenants on a joint and several AST for 2 bed flat. One wants to move out and they have identified a replacement T. I have said that I will start a new contract and re-insure the deposit but having a full checkout / check-in will be fairly impractical because the flat will remain occupied and not lend itself to an accurate inspection.

Legally, can incoming T agree to check and accept the inventory/condition report form the previous tenancy as an accurate representation of the condition at commencement of his tenancy and accept liability for any damage identified at the end of his tenancy?

(I think this would be his preference).

HomeLets
06-10-2011, 11:31 AM
Brixtonia - that's exactly where we are up to, but are concnerned that if, at the end of the tenancy, deductions are required the new person will contest their involvement and a court (or DPS) would deem it an "unfair term". Glad it's not just us!

Brixtonia
18-10-2011, 16:27 PM
Just bumping this in hope someone knows the answer?!


Two tenants on a joint and several AST for 2 bed flat. One wants to move out and they have identified a replacement T. I have said that I will start a new contract and re-insure the deposit but having a full checkout / check-in will be fairly impractical because the flat will remain occupied and not lend itself to an accurate inspection.

Legally, can incoming T agree to check and accept the inventory/condition report form the previous tenancy as an accurate representation of the condition at commencement of his tenancy and accept liability for any damage identified at the end of his tenancy?


This is definitely incoming Ts preference.

westminster
18-10-2011, 17:44 PM
I just logged in to ask a similar question.

Two tenants on a joint and several AST for 2 bed flat. One wants to move out and they have identified a replacement T. I have said that I will start a new contract and re-insure the deposit but having a full checkout / check-in will be fairly impractical because the flat will remain occupied and not lend itself to an accurate inspection.

Legally, can incoming T agree to check and accept the inventory/condition report form the previous tenancy as an accurate representation of the condition at commencement of his tenancy and accept liability for any damage identified at the end of his tenancy?

(I think this would be his preference).

I must say I'm mystified as to why this would be incoming T's preference, to take on liability for any damage caused by a previous T.

I think this has the potential to cause difficulties later. If incoming T signs an inventory stating that everything is spotless and undamaged (when it isn't), it may later dawn on him that this wasn't a very good move, and he may ultimately dispute his liability on the basis that the inventory was, essentially, false. It's possible this argument could have legs, especially as you, the LL, would have to confirm that the inventory didn't reflect the true condition at the start of the new tenancy.

In your shoes, I'd feel more comfortable doing a check-out/check-in regardless of T being in occupation; ask them to tidy/clean as best they can - it should still be possible for the clerk to see damage. If the property was spotless at original check-in, then I'd want to ensure T was liable for leaving it in the same clean condition, so perhaps either negotiate a payment with outgoing Ts (including the one who's taking the new tenancy), or a term in the new contract stating that T agrees to be liable for leaving property clean to a professional standard.

Brixtonia
19-10-2011, 15:52 PM
I must say I'm mystified as to why this would be incoming T's preference, to take on liability for any damage caused by a previous T.


Not that big a mystery really. They would have to pay for an interim inventory/condition report. Incoming T has looked through the other report and can't see anything he's concerned about. They are all long-standing friends / relatives. They are remarkably responsible and relaxed. I think they frankly aren't all that fussed and would rather not spend cash which they see as unnecessary.

I like their attitude. I'd like to accomodate them as much as possible and save them from spending money unnecessarily but without exposing myself to any significant problems. Hence, if they can sign up to the original report then I'd be happy to do that if it would stand up.

Was wondering whether it could be agreed in the form of a deed?

Would I be better off with a simple deed of assignation?

westminster
19-10-2011, 19:23 PM
Hence, if they can sign up to the original report then I'd be happy to do that if it would stand up.
Fine, so long as they don't later dispute it. If they do, there's a potential for problems.


Was wondering whether it could be agreed in the form of a deed?
If you mean the inventory report, I'm not sure but I don't think so.


Would I be better off with a simple deed of assignation?
If you mean a Deed of Assignment, then yes, possibly, that would be better than starting a brand new tenancy with a 'false' out of date inventory report.

If you do grant a new tenancy instead, then remember that the current tenancy must lawfully end first, before you can grant the new tenancy, so you'd most likely have to agree a Deed of Surrender.

In short, you'll need a Deed either way.