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Moving into a rented property - replacing another tenant?

Hi all,

Very briefly, my friend (H) rents a 2 bed flat with another girl (A). In England, on an 6 month AST which is now periodic. To my knowledge A rented it out and H joined a few weeks after, all sorted through the lettings agency but not sure on the details.

So now H & A don't really get on, A is never there, A wants to move out and I would like to move in. I've lived with H before and we're good friends. The agency are fine with this, as long as we both agree, references etc, but I want to protect myself.

Early stages so I've not signed anything or seen a contract yet but one thing that comes to mind straight away is the deposit (who's name is on it? Will it need to be re-protected in my name?). Is there anything else I should be looking out for or getting clarified?

My friend mentioned usually the agency would leave the tenants to sort out the deposit among themselves but A has drastically painted her room so they are going to sort that out in this instance...?

(Might not make a lot of difference, but FYI my circumstances are I live with my parents now so I'm not leaving another property to move in here and can easily move home at a later date if I wish)

Thanks

Comments

  • AlexMac
    AlexMac Posts: 3,063 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Best hope is that
    -i) the AST's (and deposit receipting's) in H's name, not
    -ii) in H+A's 'jointly and severally' (although both would mean H is still liable to reinstate the decor if it's really awful).

    And the easiest, if i) would be with you just quietly replacing A and letting H & A "sort out the deposit among themselves" as you say above; although you wouldn't have a lot of security or deposit protection (esp if you an H fall out or he moved on). So demand to see the AST...

    The LL will probably want it sorted with a new or amended AST... which coild mean you copping a chunky fee from the agent for a new bit of paper and the referencing process...

    So demand to see the AST... Then decide whether to trust H. After all, you've only got his side of the story; maybe he, not A is the nightmare flat-sharer from hades!
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Who is on the tenancy agreement just now? Just A, or H+A?

    If the LA mean that you can just sort the deposit out yourself by you giving A money then tell them to take a running jump.

    To protect yourself I would ask that whatever tenancy is currently in place is ended, a check-out is done and the deposit sorted out before you start afresh with a new tenancy, new inventory and new deposit. You don't want to get stung for A's d!cor or other damages further down the line.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 25 November 2014 at 7:40PM
    Ideally, the landlord/agent sets up a brand new joint tenancy in your and H's names, and you pay a share of the joint deposit to the landlord/agent.

    Alternatively, the LL/agent draws up and Executes as a Deed a deed of Variation removing A's name and substituting yours in the existing tenancy agreement. Must be signed by you, A, H, and LL/agent, and witnessed.

    Another option is to leave tenancy as it is (A is the tenant?), and you become A's lodger/she becomes your landlord. You pay rent (and deposit) to her. She repays your deposit when you leave. You have few rights as a lodger. Also, she may be in breach of her tenancy (if it does not permit lodgers).

    Whatever you do, do not pay your deposit to the outgoing tenant (ie re-paying the deposit he paid.

    The only person legally responsible for paying it back to you when you leave will be.... that long-gone tenant who you paid!

    Either pay H (as your landlord) or pay the LL/agency. Get a receipt.
  • dannim12345
    dannim12345 Posts: 408 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 25 November 2014 at 2:55PM
    Thanks for all your replies. No I defiantly wont pay A anything and yes I agree I need to read the AST & clarity the process with the letting agency. I don't know if they are both on the AST for sure? I'll defiantly ask for everything in writing once agreed.

    The agency was approached a while back (before I considered moving in) so they know this is happening and yes I will have to pay all the required fees....

    Me & H are friends and lived together at uni and been on holiday together so I don't have any worries about her & trust her but I don't want this to cause stress on our friendship either. I said I wont go ahead if I'm not comfortable which she understood.
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