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Apr, 2014

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  1. #1

    Default 2 tenants, 1 tenant moving out, friend moving in, inventory ?

    Hi all, newbie here.

    I have let my old flat to a couple of young guys, all is fine and they have been there for a couple of years without any issues.
    Now one of them is moving out and the girlfriend of the one that is staying is moving in this coming weekend.
    They asked me to make a shorter 3 month contract as they are looking to move on in May, which I have done. Credit references from the gf turned out OK without any problems.


    My only doubt is regarding the inventory, I will be going there this week to meet them, sign the contract and go through the inventory.
    However I am not sure what to do if I find any problems in the flat at this moment, as 50% of the responsibility is from the tenant that is living and the other 50% of the tenant that is staying.

    It seems to me that I need to produce a new inventory from the current state

    What do others do in this situation ?
    Do you use the old inventory or take pics and produce a new one ?

  2. #2
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    5,970

    Default

    New tenant, new AST, new inventory!

  3. #3
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    If the tenancy issued to the 2 original tenants is "joint", ie they are both on the same agreement, then one leaving has effectively ended that agreement.

    You start again from now! Do a check-out inventory for the "end" of the 2 guy's tenancy, then a check-in inventory for the "guy and GF" tenancy.

    I assume there was a deposit? If so, you need to refund the leaving tenant (less any agreed deductions), and take new one and re-protect the whole amount under the new agreement. Don't forget to issue new PI and T&Cs from the deposit scheme.

  4. #4
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by jorgec View Post

    I have let my old flat to a couple of young guys, all is fine and they have been there for a couple of years without any issues.
    Now one of them is moving out and the girlfriend of the one that is staying is moving in this coming weekend.
    You need to draw a clear line between the old tenancy and the new tenancy. Tenant A+B is a completely different tenant to B+C.

    You do an inventory check-out for the tenancy of A+B, you refund the deposit (less any agreed deductions).

    You do an inventory check-in for the tenancy of B+C, you take a deposit and you protect it and provide B+C with the prescribed information.

    Ideally, unless Tenant A has given written notice to quit in a periodic tenancy (which would legally effect the end of the joint tenancy of A+B), you should execute a Deed of Surrender with A+B in order to formally end their tenancy.

  5. #5
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by LesleyAnne View Post
    If the tenancy issued to the 2 original tenants is "joint", ie they are both on the same agreement, then one leaving has effectively ended that agreement.
    Only if one (or both) of them has served valid, written notice to quit in a periodic tenancy.

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