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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7258
Experience:  Solicitor
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I rent a flat on an Assured Shorthold Tenancy. The original

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I rent a flat on an Assured Shorthold Tenancy. The original tenancy was in the name of the tenant and a friend. Now the friend has left and the tenant has requested a new agreement solely in his name.He tells me that at the moment he is living next door and has friends staying in my flat. My agreement is a standard AST with sub letting not permitted.While I know and trust the tenant, and don't object in principle to his friends being in the flat while he is next door, are there any legal steps I should take for protection? Knowing he has notified me in writing of the situation, can I issue a new AST solely in his name?

Hello my name is ***** ***** I will help you with this.

Are you the Landlord?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
I own the flat

Ok - then you need to terminate the original agreement and issue one for the tenant living there.

So yes, issue a new AST in the sole name of the tenant. You do not want people named on the agreement who are not there.
Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
My question was that the tenant has told me he is living in the flat next door and allowing his friends to live in my flat.

If it has a clause to say they cant sublet then the tenant is in breach

Does that clarify?

Customer: replied 8 months ago.
The tenant has not told me he has sublet. He says he has friends staying there and he is living next door. I don't know what his arrangements are with his friends, but I am happy for the arrangement to continue. My understanding is that AST tenants are not allowed to give others written rights to stay in the property, but they can have friends staying there. Is that correct? If so, I assume that if my contract is with the tenant and he is paying the rent, as long as I don't accept money directly from his friends, then they could not become sitting tenants. So if I renew the AST with him as the sole tenant, is that the case?

Yes, but they can't sublet. If your tenancy agreement says he must use it as his main home, its an issue.
If your tenant is getting rent from his friend, its an issue.

It would be far better if you had an agreement with the friend.

Does that clarify?

Customer: replied 8 months ago.
Thank you, ***** ***** is clear.
Customer: replied 8 months ago.
No more questions, thanks very much for your help

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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Customer: replied 8 months ago.
Excellent, a detailed and relevant answer. The solicitor took the trouble to answer several more questions.