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Question Title: Joint tenancy - change of tenant
| Question: 19 |
| I rent to four sharers. One wants to leave. Do I have to grant a new tenancy agreement or can I just substitute the tenant by memorandum or side letter ? |
| Answer: |
| You do not have to draw up a new tenancy agreement, but you will in effect be granting a new tenancy in this situation. A change of tenant will operate as a 'surrender and re-grant' - that is to say, the law will imply that in this situation, the original tenancy (being granted to the original group of four) is surrendered and is replaced by a new tenancy (for the new group). Drawing up a new agreement, whilst not legally required, is recommended and will make the situation clearer to all parties. |
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Page 9-7 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Variation of Terms of Tenancy