Change of tenants at end of AST

Phoebe747

Some of our tenants are moving out at the end of the AST but we have agreed that the others can stay on a monthly rolling basis. The tenants who are moving our will want their deposits back and not to be liable under the AST. As the tenants are changing, does that mean that the AST will not automatically roll on? Do we need to enter into a new tenancy agreement and can it be on a monthly basis?

Many thanks

anselld

The tenancy can continue. A deed of assignment would need to be signed between Landlord, old tenants, new tenants and remaining tenants which would transfer all obligations from the old to the new tenants.

G_M

I assume
* this is Eng/Wales
* it's a single 'joint and several tenancy' (not indvidual tenancies for each occupant)

You have 2 choices:

1)
* end the tenancy
* do a check-out inspection
* return the deposit (to lead tenant/all tenants)
* create a new tenancy in new names
* create a new inventory
* take and protect a new deposit
* issue an EPC, gov leaflet, GSR etc to new tenants

2)
* create a Deed of Assignment
* make clear on it which existing tenants are leaving and which new ones ariving
* get signitures from all current and all new tenants (and landlord)
* all signitures should be witnessed 'as a Deed'
* the existing tenancy continues so:
* deposit remains in place - it is for the various tenants to sort out ie incoming ones pay outgoing tenant
* original inventory remains in place (though the new tenants would be wise to ensure the outgoing ones have not caused damage for which they will be blamed eventually


Here is an example:
https://landlords.org.uk/sites/default/files/4%20Deed%20of%20Assignment.pdf

mark55man

Interesting

Option 2 is similar to what my DD had to do when she stayed in her uni house but half the tenants changed

As it was Brighton the agent managed to layer on healthy charges as well so I think reasonable costs could be recovered, but you're the judge of local conditions