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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Rental property

Resolved Question:

I manage a rental property on a volunteer basis for a LL. Currently there are four tenants on an AST which has reached the end of its 6 months and so has moved onto a monthly rollover periodic tenancy. But one of the four tenants moves out next month.         /Question 1 /Can the current AST rollover remain in place when there are just the three remaining in the property as tenants? The LL would be happy with this arrangement rather than draw up a new AST.       


An 'authorised occupier' [John] whom the group knows and wants to move in will come into the house after the tenant leaves. John has agreed to contribute towards the house bills, rent, and pay a small deposit to the Deposit Protection Service. The LL does not want him to be a tenant since he has a credit card debt. He, John, is working and is also a part-time University student.


/Question 2 / If he should fail to cover the cost of his share of the house bills etc. in a timely fashion can the LL ask John to leave? How much notice would he need to give?


/Question3 / Should the LL add John's name to the tenancy agreement as a permitted authorized occupier by writing a separate statement to this effect? Thank you. Sincerely, EMR

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are all 4 named on the agreement please?
Customer:

Dear Alex, The original four tenants, Ab, Si, Da, and Ben's names (not their full names) are on the AST as tenants - they signed in August 2013. Ben will leave in July. The authorized occupier - John - will move into Ben's room when he leaves. John's name is ***** ***** the Tenancy Agreement

Alex Watts : 1) The current AST can't roll over, it does not contain Ben, he will move out, so it can't roll on
Alex Watts : 2) You can't do this, there needs to be a new AST including John
Alex Watts : 3) No, it need to be a new tenancy
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hullo Alex, the same request keeps repeating itself .... please reply to your expert. I have twice and am still waiting for a reply re a question in my original email that has not been answered yet regarding an authorized occupier - John. My question was /Question 2 / If he [John] should fail to cover the cost of his share of the house bills etc. in a timely fashion can the LL ask John to leave? How much notice would he [the LL] need to give?

Alex Watts : 2) John can be given a weeks notice to leave. Then the locks can be changed.
Alex Watts : Therefore was John is not an named tenant only 1 weeks notice is needed.
Alex Watts : Does that clarify?
Customer:

Yes, thank you very much - it does clarify the situation.

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