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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I recently rented out my flat on a AST to single

Customer Question

Hello,

I recently rented out my flat on a AST to single person 1 month ago on a 1 year agreement with a 6 month break clause. As planned she had now found a flat mate for the second bedroom. How do I correctly add this 2nd person to the existing tenancy agreement so that the same terms apply and a joint tenancy agreement is in place. The existing girl has put down 1 months deposit which is registered in one of the deposit schemes. Can that be left alone and it is up to the current tenant if she wishes to take back half of the deposit from the new flatmate.

I have searched the internet and I can see how a deed of assignment can be used to transfer the tennancy, however, not yet found how to add a person correctly?

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

Alex Watts : Hello my name is Alex and 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 : What does the tenancy agreement say about the deposit for the existing tenant please?
Customer :

On execution of this agreement the tenant will pay the landlord a security deposit of £1840

Customer :

..and that the landlord will return at the end of the tenancy

Alex Watts : Ok.
Alex Watts : The agreement has not ended.
Alex Watts : You don't need to refund the tenant until the agreement ends.
Alex Watts : You should hold both deposits.
Alex Watts : The current tenant is not entitled to half back.
Alex Watts : The agreement does not allow for that.
Alex Watts : If it did it would say.
Alex Watts : Both deposits remain protected until the tenancy ends.
Alex Watts : Can I clarify anything for you about this today please?
Customer :

Actually my question is on how to add the flat mate to an existing AST so that it will then be a join agreement?

Alex Watts : There needs to be a formal contractual amendment. So an addendum contract adding the knew tenant.
Alex Watts : Does that clarify matters?
Customer : And that will make it a joint tenancy? So the new person fir egwould still have to leave if I served notice after the 6 month term from when the tenancy agreement was originally sighed?
Alex Watts : Correct.
Alex Watts : Can I clarify anything else?
Customer :

OK, I guess I need to modify it such that it is all still valid. Can I ask a single tennancy agreement is identical to a joint except for the parties listed? i.e in one or two lines how could I word the addendum to add the new person. Surely where it refers to the existing tennant this needs to cover both tennants?

Alex Watts :

You need to formally amend the contract.

Alex Watts :

You need to amend the words to mean tenant = tenants.

Alex Watts :

Can I clarify anything else?

Alex Watts :

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Customer :

So do I reprint the whole agreement? Or can I just have a short amendment with the current date stating its an amendment to the original agreement where the tenant is now a joint tenancy and name the people. I can't seem to find a template on the internet for this? It all seems to be regarding amending certain terms, or the deeds of assginment assign it to someone else when someone leaves so that does not seem suitable? This must happen often right?