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Tenant changed - what should i do?

Started by hrayr, June 13, 2017, 07:55:00 PM

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hrayr

Hello,

This is my first post here so apologies if i unintentionally miss any guidelines or rules :)

I have a property which i have been letting out for more than a year now. At the moment it is under periodic tenancy agreement.
Tenancy agreement is with two tenants (they used to be couple as far as i knew).

Recently i learned from neighbours that one of them doesn't live there anymore and instead new tenant moved in. I have not got any notice from the tenants about this (though am pretty sure by tenancy agreement they should report this).

Actually they were/are great tenants and i am very happy with them, but wondering what should i do now when i know that one of the tenants left and new tenant has moved in.

I think if i  start the conversation and ask they will provide a notice for this, but how far should i take this?
1) Do i absolutely need new tenancy agreement or i can keep periodic tenancy agreement with some supporting letter from the tenants about the change?
2) What checks do i need to perform at a minimum (Visa, Passport, etc.? )

Many thanks in advance,

Hrayr

propertyfag

Hi,

In theory, I think both the original tenants are still responsible for the tenancy, as it hasn't been properly terminated.

I think you should just talk to the remaining original tenant and find out what is going on. And if there is a new tenant, just make it clear that you should have been notified, but make clear that you appreciate that they've been good tenants etc and you have no problem with the situation (other than the lack of communication). Then just start a new tenancy with both the current tenants, and fulfil the usual referencing steps with the one new tenant...

theangrylandlord

I think both the original tenants are still responsible for the tenancy, as it hasn't been properly terminated.
Correct

If you start a new tenancy the technically there should be a surrender of the old lease (but its unlikely the original tenant will want to enforce any contractual rights against you) you can do this with only one tenant as it is now periodic tenancy.

I would strongly suggest though, on top of the referencing mentioned in the previous post, you re-serve all the notices again .. Gas Cert, EPC, How to Rent, Smoke Alarm checks etc etc...that way you can sleep safely knowing you have a good chance of serving a successful s21.

Note deposit and inventory are a pain in the @rse.

Best of luck

hrayr

Thanks a lot for the replies - much appreciated.

I wish i could continue periodic tenancy with some formal letter from remaining tenant about the changes in residency, but looks like that is not the option and i will have to start new tenancy agreement.

Thanks again for your help