My current flatmate, T2, has recently given notice that they will be leaving. We both started our 6month fixed term joint AST on Sept 28 2019 and have been on a rolling contract basis since then. I, T1, am looking to continue my tenancy, with a new tenant, T2new, under a new joint AST.
My current landlord, L, is concerned that starting this new 6 month joint AST with T1 and T2new could be interpreted as T1 and T2 being originally 2 separate sole tenancies (instead of joint) as L expected both T1 and T2 to end the tenancy agreement at the same time and be relieved of all duties.
My question(s) now are:
Are L’s concerns valid? Would L be liable in anyway for ending the current tenancy agreement with T1 and T2 and start a new one with T1 and T2new?
Would some sort of formal declaration from T1 and T2 such that the current tenancy agreement was indeed a joint AST (not an “undercover” sole tenancy agreement) relieve L of any such liabilities (if any to begin with)?
Any suggestions as to how I can proceed to start a new tenancy agreement with T2new?
T1 and T2 old should sign a deed of surrender with L.
Sort out deposit. Clean house and deductions for damages etc etc
Sort out all bills ( council tax. Water utility )
T1 and new T2 sign a new AST with L including a new deposit in their names and redo everything serve Gas, EPC, EICR, How to rent etc etc
You have asked for a new tenancy so if L wants to charge you for that they can -£50 inc vat or reasonable cost
Thank you very much! That’s a good checklist to start with
I’m hoping someone can give me some insights on my first and second question. My biggest concern is convincing my landlord that this is all free of any liabilities that may fall onto him.
Your L concern ref interpretation of tenancy is invalid
Your tenancy is joint
The deed of surrender voids that tenancy and you start again with a new tenancy
That is the whole point of a deed to formally void the first tenancy
You can download a deed from Nrla and search in the posts to see how to do it
There is only one Tenant and its both of you. You don’t have individual tenancies. Your flatmates notice will end your tenancy too. If you want to stay on, find another tenant soon and ask for a new tenancy to be signed when the existing one ends. If you do nothing you will become a trespasser.