Removing tenant friom AST

[andrewquinn]

If a tenant wishes to remove himself from an AST after the end of the fixed period and the other co-tenant wishes to remain as the sole tenant. Can the landlord:

 

1) Remove and amend the existing AST with no signature of the existing tenant.

 

Or does the landlord have to draw up a new AST with just the existing tenants name and get them to sign it?

[Planner]

If your landlord is agreeable for one of you to stay at the end of the fixed term and the other to leave, then he should draw up a new contract. If he isnt agreeable to this situation, the tenant wishing to leave will have to serve correct notice to end the agreement at the completion of the first month (period) of the periodic tenancy that will arise.

 

It is not possible for one tenant to stay and the other tenant to leave at the end of the fixed term if the LL doesnt agree (and the leaving tenant not be liable for a further months rent).

[andrewquinn]

Thanks.

 

The landlord was happy for the other tenant to remain in the property but all they did was ammend the tenancy agreement. They did not draw up a new contract/tenancy for the other tenant.

 

Is this existing tenancy which both tenants signed legally enforceable after 1 of the tenants has left and its been amended?

[Planner]

Is the landlord trying to enforce the ammended contract against the tenants thats left?

 

For all intents and purposes if the contract has been ammended by the LL to remove an outgoing tenant, then its a new contract and not enforceable against the tenant whos name has been removed.

[andrewquinn]

Is it new contract enforceable if the new tenant does not sign it?

 

Im trying to figure out if the tenancy agreement I have can be used in my court case because they never asked me to sign a new agreement when my expartner removed herself off the tenancy agreement.

[Planner]

Is it new contract enforceable if the new tenant does not sign it?

 

Im trying to figure out if the tenancy agreement I have can be used in my court case because they never asked me to sign a new agreement when my expartner removed herself off the tenancy agreement.

 

Right.

 

If you where in the house paying rent then you accepted the contract.

[andrewquinn]

Thanks. Just checking they could not use it as a loophole.

[Planner]

Definatley not.

 

Is your court case the TDS non-complaince refered to in your other thread?

 

If so have you written your Letter Before Action (with accompanying filled in N208 form) asking for the deposit to be returned or protected yet?