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    • movinghelp
    • By movinghelp 5th Jun 17, 12:37 AM
    • 255Posts
    • 53Thanks
    movinghelp
    2 existing tenants, 1 wants to move out & 1 wants to stay
    • #1
    • 5th Jun 17, 12:37 AM
    2 existing tenants, 1 wants to move out & 1 wants to stay 5th Jun 17 at 12:37 AM
    So the dilemma is the tenant who wants to stay for another year has asked if she can find the new tenant and if they can have a cooling off period after a month.

    I've said yes to the former providing they can pass a credit check / have a guarantor and I'm comfortable once I meet them.

    On the second point I think the best I can do is agree to a 3 month break clause versus 6 in case it doesn't work out for either party.

    Does any one have any other suggestions/thoughts?
Page 1
    • Chrysalis
    • By Chrysalis 5th Jun 17, 1:05 AM
    • 2,083 Posts
    • 955 Thanks
    Chrysalis
    • #2
    • 5th Jun 17, 1:05 AM
    • #2
    • 5th Jun 17, 1:05 AM
    A credit check is not an affordability test, so I am not sure why landlords carry out a credit check when they not providing credit (rent paid in advance not arrears).

    So personally I think the checks are excessive even tho I know its common in the renting sector.

    I would agree to the cooling off period, and do a affordability check (bank statements, proof of income). If you are awkward you risk looking for 2 tenants instead of 1.
    • G_M
    • By G_M 5th Jun 17, 1:28 AM
    • 42,318 Posts
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    G_M
    • #3
    • 5th Jun 17, 1:28 AM
    • #3
    • 5th Jun 17, 1:28 AM
    * what is likely to be the alternative? Both tenants leave? A void plus marketing costs. How do you feel about that option?

    * From the remaining tenant'spoint of view, the 1 month trial is sensible. They are looking for a housemate and we all know someone may seem compatible, but sharing house/flat does not always work out.

    * from your point of view, what happens if the 1 month trial fails? Both leave and back to square 1?

    * to be honest, I don't really see that a 3 month break clause is much better. Same problem really.

    * I take it you'd not be prepared to let her remain on a sole tenancy basis? That way she could get whoever she wants as a lodger. But it means you just have the 1 person liable for rent, not two, which reduces your security.
    • FBaby
    • By FBaby 5th Jun 17, 8:45 AM
    • 16,132 Posts
    • 40,036 Thanks
    FBaby
    • #4
    • 5th Jun 17, 8:45 AM
    • #4
    • 5th Jun 17, 8:45 AM
    Do what you want to do. It's up to you the risk is with you. If it was me I would give notice and fond someone else as this opens to many problems. For a start with the deposit if you've taken one. You'll have to return it to both than take another deposit but want to wait until the new person comes and start again if it doesn't work out with the new tenant.

    That means doing a check out inventory and then a new one.

    Up to you but is rather start afresh knowing where I stand than dealing with the stress of the above.
    • G_M
    • By G_M 5th Jun 17, 11:25 AM
    • 42,318 Posts
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    G_M
    • #5
    • 5th Jun 17, 11:25 AM
    • #5
    • 5th Jun 17, 11:25 AM
    . For a start with the deposit if you've taken one. You'll have to return it to both than take another deposit but want to wait until the new person comes and start again if it doesn't work out with the new tenant.

    That means doing a check out inventory and then a new one.
    Originally posted by FBaby
    though that is always going to be the case, whatever happens. The current joint tenancy is ending. Check out required, and deposit must be returned.

    Whether
    * one tenant stays, alone, or
    * stays with a new joint tenant, or
    * leaves and 2 brand new joint tenants come in
    makes no difference - a new tenancy, and deposit, will be needed.
    • Guest101
    • By Guest101 5th Jun 17, 11:27 AM
    • 15,118 Posts
    • 14,765 Thanks
    Guest101
    • #6
    • 5th Jun 17, 11:27 AM
    • #6
    • 5th Jun 17, 11:27 AM
    So the dilemma is the tenant who wants to stay for another year has asked if she can find the new tenant and if they can have a cooling off period after a month.

    I've said yes to the former providing they can pass a credit check / have a guarantor and I'm comfortable once I meet them.

    On the second point I think the best I can do is agree to a 3 month break clause versus 6 in case it doesn't work out for either party.

    Does any one have any other suggestions/thoughts?
    Originally posted by movinghelp


    I would keep it simple, give the existing tenant a new tenancy, let her get a lodger in. Then it's the tenants problem, not yours.
    • FBaby
    • By FBaby 5th Jun 17, 4:39 PM
    • 16,132 Posts
    • 40,036 Thanks
    FBaby
    • #7
    • 5th Jun 17, 4:39 PM
    • #7
    • 5th Jun 17, 4:39 PM
    though that is always going to be the case, whatever happens.
    Indeed, but at least you know the new tenants will be there for at least 6 months rather than going through it all once with the new tenant joining the old one and potentially once again after they decide it doesn't work.

    Other option is as Guest says, but that comes with the added problems that comes with subletting.
    • Guest101
    • By Guest101 5th Jun 17, 4:51 PM
    • 15,118 Posts
    • 14,765 Thanks
    Guest101
    • #8
    • 5th Jun 17, 4:51 PM
    • #8
    • 5th Jun 17, 4:51 PM
    Indeed, but at least you know the new tenants will be there for at least 6 months rather than going through it all once with the new tenant joining the old one and potentially once again after they decide it doesn't work.

    Other option is as Guest says, but that comes with the added problems that comes with subletting.
    Originally posted by FBaby


    Subletting is only if you sublease your full tenancy (IE the whole property), otherwise it's not quite the same (so the limitations from insurers or lenders wont apply)
    • always_sunny
    • By always_sunny 5th Jun 17, 5:05 PM
    • 3,500 Posts
    • 3,719 Thanks
    always_sunny
    • #9
    • 5th Jun 17, 5:05 PM
    • #9
    • 5th Jun 17, 5:05 PM
    what's the dilemma? It happens often I would have thought.
    The tenant who wants to stay has to get the lease on his/her name.

    If not. Off (both) they go following the usual dance.
    Expat with an EU passport
    • mrginge
    • By mrginge 5th Jun 17, 5:09 PM
    • 4,312 Posts
    • 7,729 Thanks
    mrginge
    I would keep it simple, give the existing tenant a new tenancy, let her get a lodger in. Then it's the tenants problem, not yours.
    Originally posted by Guest101
    Much as it pains me to admit it, this is the most sensible option.
    • Tracey011268
    • By Tracey011268 5th Jun 17, 5:12 PM
    • 3 Posts
    • 0 Thanks
    Tracey011268
    Hi, my ex wife and I still jointly own my ex marital home. She is living in it on her own. We are tenants in common, what I need to know is, can I sell my half of the property, or can I insist that the house gets sold if she doesn't agree, as I want to go and live my twighlight years abroad.
    • Tracey011268
    • By Tracey011268 5th Jun 17, 5:16 PM
    • 3 Posts
    • 0 Thanks
    Tracey011268
    Just a bit more info. I am now re married and retired.
    • Guest101
    • By Guest101 5th Jun 17, 5:21 PM
    • 15,118 Posts
    • 14,765 Thanks
    Guest101
    Hi, my ex wife and I still jointly own my ex marital home. She is living in it on her own. We are tenants in common, what I need to know is, can I sell my half of the property, or can I insist that the house gets sold if she doesn't agree, as I want to go and live my twighlight years abroad.
    Originally posted by Tracey011268
    Just a bit more info. I am now re married and retired.
    Originally posted by Tracey011268


    1: start your own thread
    2: probably should've sorted this when you divorced
    3: Is it still mortgaged?
    4: Yes you can force a sale - typical cost is 5-10k.
    • Tracey011268
    • By Tracey011268 5th Jun 17, 5:38 PM
    • 3 Posts
    • 0 Thanks
    Tracey011268
    Sorry, first time on a forum. Didn't know. Yes, I probably should have sorted it out when I divorced but didn't, hence me asking the question now.
    Thanks for the information anyway.
    • G_M
    • By G_M 5th Jun 17, 6:31 PM
    • 42,318 Posts
    • 49,160 Thanks
    G_M
    If you can find anyone willing to buy your half, and co-own with your ex, then yes - you can sell.

    Or simply sell it to your ex.

    Failing that, pursuade her to sell and split the proceeds.

    And failing that, force a sale though the costs, though this is slow, expensive, and stressful.
    • movinghelp
    • By movinghelp 6th Jun 17, 7:47 AM
    • 255 Posts
    • 53 Thanks
    movinghelp
    Thanks for the feedback. I would be willing to let her stay on and take sole tenancy but she would need a guarantor as she wouldn't be able to afford it on her own. To be honest I just thought she would prefer the three month break but I'll give her both options. I know it would be easier for me to re-rent the whole property by she's a good tenant and I want to try and see if there's another solution first.
    • gycraig
    • By gycraig 6th Jun 17, 9:25 AM
    • 410 Posts
    • 295 Thanks
    gycraig
    A credit check is not an affordability test, so I am not sure why landlords carry out a credit check when they not providing credit (rent paid in advance not arrears).

    So personally I think the checks are excessive even tho I know its common in the renting sector.

    I would agree to the cooling off period, and do a affordability check (bank statements, proof of income). If you are awkward you risk looking for 2 tenants instead of 1.
    Originally posted by Chrysalis
    a good credit rating is generally an indication someone is a good person and pays there bills on time.

    With current tenant protections in place a landlord would be an idiot not to do a credit check, someone with ccjs coming out of there ears are a far bigger risk
    • movinghelp
    • By movinghelp 18th Jun 17, 8:32 AM
    • 255 Posts
    • 53 Thanks
    movinghelp
    I've had a good read of http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4 but just want to check my understanding is correct.

    If at the end of the fixed term tenant 1 wants to stay they can serve no notice and the day after the fixed term ends they roll onto a periodic tenancy?

    If tenant 2 wants to leave they just need to be out on the last day of the fixed term and again need to serve no notice?

    If I want to ensure they both leave on the last day of the fixed term I would need to serve a 6a form giving them 2 months notice?
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