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AST agreements

Becarefulnotclever
Becarefulnotclever Posts: 7 Forumite
Fourth Anniversary First Post
in House buying, renting & selling
Hi all,

I started renting out a property to friends back in 2008 and drew up an Assured Shorthold Tenancy agreement now. There are three tenants; two have remained the same since 2008 to today and the third has changed a few times now.

I'm a bit concerned because I have never updated the original agreement for the main two tenants. We've always 'doctored' it for the new tenant but the original document signed back in 2008 is all that exists for the main two guys.

I have no particular reason to worry - they're still friends, they're happy in the building, I would hope I'm a good landlord! But I want to make sure I'm in the correct position legally and that if there were any issues I wouldn't be help accountable.

Any advice for a newbie here?

Many thanks!

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    EPC?

    GSR?

    Legionnair's assessment?

    LL insurance?

    Deposit protection?

    Tax?

    The least of your worries is the fact that your tenancy agreement is, well, who know....? Tell us what the terms were & we might advise....

    Tenancies in Eng/Wales: Guides for landlords and tenants
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Electrical inspection/report might be a good idea as well !
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    If you've never altered the 3 tenants named on the tenancy agreement does that not mean that the original 3 tenants all have joint and several liability for the rent? Meaning the current 3rd tenant is in fact a lodger of tenants 1 and 2 and not a tenant at all?

    How have you dealt with the deposit?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Pixie5740 wrote: »
    If you've never altered the 3 tenants named on the tenancy agreement does that not mean that the original 3 tenants all have joint and several liability for the rent? Meaning the current 3rd tenant is in fact a lodger of tenants 1 and 2 and not a tenant at all?
    Probably - but detail is a bit thin on the ground.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Just do a new tenancy with the current tenants.
    Well life is harsh, hug me don't reject me.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    I would take the position that it is a rolling tenancy given the initial period of the ast has expired and ask them to sign a new one in the current tenants names.
    Generally when one party leaves it is best to draw up a new contract to keep things as simple as possible. The other option is a deed of variation each time but I guess that might get messy.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 22 May 2015 at 8:44PM
    ask them to sign a new one in the current tenants names.
    Indeed. but as this would be a brand new tenancy with new tenants, depsoit would need returning, and re-paying/protecting; New inventory etc.

    dancingfairy wrote: »
    ...The other option is a deed of [STRIKE]variation[/STRIKE]assignment each time but I guess that might get messy.
    df
    but yes.......
This discussion has been closed.
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