I have two tenants (periodic tenancy agreement). One tenant has given notice to leave and the other wishes to remain. I know that I will need to update the existing tenancy agreement to remove one tenant. Does the remaining tenant stay on the current tenancy agreement or do I create a new one?
Also, is there any further documentation that is required excluding Reposit) ? If the remaining tenant accepts liability ( I think a deed of assignment would be required) for the property does that mean I don’t need to do a formal check out inspection?
If I do need to do a formal checkout inspection do I have to do a check in inspection for the remaining tenant? - which would literally be the same as the check out report.
Apologies for all the questions but Ive not been in this situation before and want to get it right.
If they’re joint tenants, then if one gives a valid notice to quit, it ends the tenancy for both, so there will be no tenancy agreement for the other one to remain on. Once the notice expires, you will need to do a checkout inspection, deal with the deposit and then create a new tenancy agreement plus all the usual documents. Before doing this though, I would re-credit check the one who wants to remain to make sure they can afford it.
This is topical for me too. My concerns are the check out. The garden is not as per check in, for example the hedge has been allowed to grow (must be ~ 4m high). There is evidence of condensation mould. These would become the ‘new benchmark’ leaving me in a vulnerable position on renewal.
Back ground: rented this house for close to 20 years and first time I’ve seen evidence of mould in this property. Trying to educate the tenant to vent more (WIP). House had new carpets and professionally decorated throughout but that will count for little. 20 months into this tenancy, I’m aware of the 5 year rule.
How do Landlords implement a starting point that does not disadvantage a Landlord.
Thank you for your advice. I know that my remaining tenant can afford the rent. Can I use their existing reference from over a year ago or would I need a new one for Reposit purposes?
Also, my tenant has given notice to leave on 20th March so I will need to have an agreement in place for the remaining tenant to start on 21st. When I remove the tenant who is leaving from the Openrent tenancy agreement do i get an option to enter the end date? I am just worried in case I update the agreement and the leaving tenant is removed immediately.
Thanks once again for your help.
You cant actually temove a tenant from a tenancy. The existing tenancy will end on 20 March and you need to do a checkout inspection and deal with the deposit. As you say, the new tenancy can begin on 21st and will need a new deposit and inventory along with all the other paperwork.
Youll need to check with Reposit about the reference.