Assured Shorthold Tenancy Agreement advice

timetosortthings

Hi 

My daughter rents a property with her partner; both are named on the assured shorthold tenancy agreement. 

Due to circumstances, her partner is leaving and a replacement tenant has been found. 

1. Landlord says a brand new tenancy agreement needs to be put in place. As a result, although the landlord understands my daughter isn’t leaving the property, she too has to be included in new checks as part of a new agreement (meaning she possibly needs to find a new guarantor)   
2. Also, the replacement tenant has been told they’ll need to pay their portion of the deposit direct to the leaving tenant, as the landlord is keeping the whole original deposit in the deposit scheme.

To my mind, this doesn’t sound right, sounds like it’s a mixture of agreements being combined - either you’re a new tenant (brand new agreement), an existing tenant (renewal agreement), or a replacement tenant (taking over an existing agreement). 

Does anyone know what relevant terms/points we should be looking for in the current Assured Shorthold Tenancy Agreement by way of confirming what’s being said is correct?

 

Thanks

PS There's never been any missed or late payments 

_Penny_Dreadful

timetosortthings said:

Hi 

My daughter rents a property with her partner; both are named on the assured shorthold tenancy agreement. 

Due to circumstances, her partner is leaving and a replacement tenant has been found. 

1. Landlord says a brand new tenancy agreement needs to be put in place. As a result, although the landlord understands my daughter isn’t leaving the property, she too has to be included in new checks as part of a new agreement (meaning she possibly needs to find a new guarantor)   
2. Also, the replacement tenant has been told they’ll need to pay their portion of the deposit direct to the leaving tenant, as the landlord is keeping the whole original deposit in the deposit scheme.

To my mind, this doesn’t sound right, sounds like it’s a mixture of agreements being combined - either you’re a new tenant (brand new agreement), an existing tenant (renewal agreement), or a replacement tenant (taking over an existing agreement). 

Does anyone know what relevant terms/points we should be looking for in the current Assured Shorthold Tenancy Agreement by way of confirming what’s being said is correct?

 

Thanks

PS There's never been any missed or late payments 

You’re right that it does sound a little mixed up. The landlord can issue a new contract between your daughter and the new tenant or the existing tenancy can be assigned. As the landlord appears to want the former there should be a check-out inventory and the existing deposit released minus any legitimate deductions (if any) and a new deposit taken and protected. The incoming tenant shouldn’t be handing money over to the outgoing tenant. 

propertyrental

There are two ways the LL can do this.

1. end the current tenancy. Undertake the usual end of tenancy checks; return the deposit (less any valid deductions); then create a brand new tenancy in names of daughter + new tenant, having first ensured that both tenants are acceptable - this might involve assessing their joint incomes, and optionally checking bankrupcy /credit histories etc. Take and register a new deposit, and re-issue Gas report, EPC, do 'Right To Renr checks etc (as per all new tenancies)

2. Maintain the existing tenancy, but Execute a 'Deed of Assignment' whereby the new tenant takes on the liabilities of the departing tenant.  No need to undertake end of tenancy procedure or new tenancy procedures. New tenant pays deposit share to departing tenant and this is acknowledged in the Deed.

https://www.landlordzone.co.uk/pdf/Licence-Deed-of-Assignment.pdf

RAS

Does the landlord want this? Or are the instructions coming from the EA.

One potential issue is that at the end of the new tenancy, the deposit could be returned to the departed boyfriend. Who was the lead tenant on the old/existing tenancy?

timetosortthings

RAS said:

Does the landlord want this? Or are the instructions coming from the EA.

One potential issue is that at the end of the new tenancy, the deposit could be returned to the departed boyfriend. Who was the lead tenant on the old/existing tenancy?

All dealings are direct with the landlord.

Have just checked the current agreement nowhere does it seems to state who is designated as the lead tenant, but my daughter's name appears first - could that be interpreted as being the lead? 

RAS

Check the deposit registration scheme to find out who's name it's in?

timetosortthings

RAS said:

Check the deposit registration scheme to find out who's name it's in?

I just have and it's under my daughter's name.

Thanks to everyone for the help and guidance