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Joint tenancy: 1 tenant has moved out, changes to AST required?

Started by Taiga, August 14, 2015, 01:38:00 PM

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Taiga

Hi,

I rented a 3 bed property jointly to 2 brothers, 1 has decided to move out. Do I have to formally do a new AST and amend the deposit details with the TPS.  I have arranged for the remaining tenant to pay a reduced rent (until he or we find a replacement tenant).  A situation which will be reviewed in October this year.

A condition of the rent reduction is that he does not enter the bedroom that was previously occupied by his brother.   The remaining tenant has 2 young children who stay for 3days (2 nights) a week.

Any information or advice much appreciated, thanks.

Hippogriff

Why would you reduce the rent? The Tenants are jointly and severally liable - they (or whoever remains) is responsible for paying you the full amount of rent.

I don't get what you're doing...

Taiga

Hi Hippogriff,

I know I don't have to reduce the rent!  I am too nice for my own good.... BUT - now that I have, do I have to do a new AST, as this is only a temporary situation, if no tenant can be found to share - then he is out - as I know he can't afford the rent.

Thank you for taking your time to reply.

Martha


Taiga

Hi Martha,

Thats a good point........ but I figured that  keeping the tenant on would be worthwhile as I will need to do some updating on the decor, plus replace a couple of carpets if I let to new tenants.  Which of course would cost me time & money.

theangrylandlord

#5
Please be careful of advice received from websites (including my own) and always do your own research.
Obviously I cannot understand your full situation from a small blog....

Taiga
Very much like the other posts I am a little agog that you reduced the rent but I can kind of see your logic that some rent is better than no rent while you are renovating (?) although a new carpet takes a few hours to do...
However a couple of things...
1. There is no link between the amount of deposit and the monthly rent.  You can get (and protect in the DPS) whatever deposit you want / can get from the tenant.  It needn't be 1 months rent. Not sure what details you want to update with the DPS but....
2. As previous post indicated the tenants are jointly and severally liable ( please tell me at least you do have a written AST) so no need for a new AST with the guy that is there.  You could by a side letter amend the contract for the new rent but there is no need to change details with the DPS.
3. DO NOT enter into a new AST with the single chap that is left as that will mean you won't be able to evict under a section 21 for 6 months and your circumstances look precarious enough as to whether you want  this chap at the reduced rent for that long

Oh I assume you have already served a section 21 and got all that ready?
How will you keep him out of the other bedroom anyway (not Important just curious)

Best of luck