New contract, or alter existing AST

boyse7en

Hi all,

We've rent out a house to three people who share it. They've been in there for six years now, but one of them is now leaving to go off traveling for a year. The other two will remain in the house and continue to pay the rent as usual.

All three are named on the AST agreement. Can we alter the existing AST (i.e. cross out the name of the guy leaving) or do we have to get a complete new AST.

Cheers

Debt_Free_Chick

One pitfall I can see is the term given to the new tenant. Effectively, the new tenant will only have assured tenancy for the period of the original contract. So if the contract was for 12 months and there are three months remaining, the new tenant only gets AS for three months. I thought that new ASTs had to be for at least 6 months

On the other hand if you issue a new contract, then the existing tenants have to agree to a new fixed term starting now.

Hang around as there are some very knowledgeable and professional landlords here who will soon spot your post and give a more definitive reply.

clutton_2

when does the current AST expire ? do you have another tenant to replace him in mind ?

boyse7en

AST runs out in August.

Not looking for someone to replace the travelling tenant, the remaining two are a couple and are quite happy to stay there on their own for the foreseeable future.

Debt_Free_Chick

boyse7en wrote: »

AST runs out in August.

Not looking for someone to replace the travelling tenant, the remaining two are a couple and are quite happy to stay there on their own for the foreseeable future.

I would simply write to all the tenants and confirm that you agree to "Travelling Tenant" being released from all obligations under the agreement with effect from dd/mm/yyyy.

This way, everyone is clear that the original AST stands and the only change is Travelling Tenant's removal from it.

tbs624

I don’t see a problem with having a simple addendum to the Tenancy Agreement, which states that x is giving up his occupancy , by agreement with all parties concerned, which should then be signed by all parties concerned. The other two would be have to continue to fulfill their obligations if they are jointly and severally liable anyway.

If you draw up a new AST you will have to register any deposit made with one of the 3 schemes, and need to do a new inventory, but it obviously means that you have a better idea of how long the other 2 tenants will definitely be staying for.
On another poster’s point, AFAIAA there is no longer a minimum period for an AST, it’s just that if you want to evict the tenants, the Courts will not make an order for possession until a minimum of 6 months has expired (except in specific circumstances).