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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenancy agreement (AST) states "This tenancy agreement dated...between

Resolved Question:

My tenancy agreement (AST) states "This tenancy agreement dated...between .. and tenant"

I am the Landlord.

The tenant has found a flatmate and I would like to amend it to include the flat mate in the existing AST.

Can you please tell me the correct legal way to amend this so that the existing agreement will between the current tenant, the new tennant and myself and become a join tennancy for the two remaining tenants.

I have thought of just writing the new persons name next to the existing tennant and getting all parties to sign but i do not want to do anything not legally enforcable. I have searched the internet on how to do this but no template seems to match this. I have been advised on here to 'amend' it. However, my question is how to I correctly, legally amend it. I would imagine this is quite simple but do need a clear and concise answer.
Submitted: 3 years ago.
Category: Property 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 : I assume the new tenant does not object?
Customer:

Nope, as they have moved in as a flat mate and it is assumed they should be added to the existing AST right?

Alex Watts :

Ok - then you can just put an amendment in the tenancy agreement and have all parties sign again.

Alex Watts :

The other person does not need to be added to the tenancy, as the current tenant would be responsible for the new person in any event

Alex Watts :

So you don't have to do that - but if you want to that is fine. Just put a clause on a piece of paper amending the existing tenancy and adding an additional tenant

Alex Watts :

This can be signed by all parties and you are all good to go

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If i do not add the 2nd person then it will appear they do not have a tenancy right?

Alex Watts :

Correct.

Alex Watts :

Does that help?

Customer:

I am confused, I thought legally they have a tenancy, therefore, should I not add them to the agreement?

Alex Watts :

You can add them to the new agreement. This is done and can just be amended.

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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