Change of tenant on AST
Discussion
Hi. Any advice on this scenario....
Current AST is in joint names mr A and ms B. Deposit all protected in both names.
Mr A has now walked out on ms B.
Ms B wants new AST in her own name as she can go to council and get some extra benefits.
The easy thing to do is simply bung her a new AST in just her name but I’m not sure that’s the right thing to do?
Should I be getting them to jointly cancel the current joint AST? If so how? And refund their deposit. Then take out AST in ms B’s sole name as essentially a completely new ast with new deposit?
Grateful for your thoughts.
Current AST is in joint names mr A and ms B. Deposit all protected in both names.
Mr A has now walked out on ms B.
Ms B wants new AST in her own name as she can go to council and get some extra benefits.
The easy thing to do is simply bung her a new AST in just her name but I’m not sure that’s the right thing to do?
Should I be getting them to jointly cancel the current joint AST? If so how? And refund their deposit. Then take out AST in ms B’s sole name as essentially a completely new ast with new deposit?
Grateful for your thoughts.
Edited by anonymous-user on Sunday 11th November 19:09
It needs care, as the one who has walked out technically still has right to return, you can't just evict them because they're not there.
What documentary proof is there that they have walked out?
Is there a marriage/divorce etc?
Legal minefield,
P.S. Just a little point though, I think your original post confuses the A's and B's, which will make replies hard to fathom!
What documentary proof is there that they have walked out?
Is there a marriage/divorce etc?
Legal minefield,
P.S. Just a little point though, I think your original post confuses the A's and B's, which will make replies hard to fathom!
Draw up a contract (ideally a Deed of Surrender) ending the current (joint and several) Tenancy. Get a new AST signed by Mrs and take a new deposit and reprotect in her sole name.
If all are agreeable, could make a full deduction of existing deposit and then reprotect this. If mr and mrs dont agree to this, take the new deposit before releasing old.
If all are agreeable, could make a full deduction of existing deposit and then reprotect this. If mr and mrs dont agree to this, take the new deposit before releasing old.
M4cruiser said:
It needs care, as the one who has walked out technically still has right to return, you can't just evict them because they're not there.
What documentary proof is there that they have walked out?
Is there a marriage/divorce etc?
Legal minefield,
P.S. Just a little point though, I think your original post confuses the A's and B's, which will make replies hard to fathom!
Coorected thank you.What documentary proof is there that they have walked out?
Is there a marriage/divorce etc?
Legal minefield,
P.S. Just a little point though, I think your original post confuses the A's and B's, which will make replies hard to fathom!
MWM3 said:
Draw up a contract (ideally a Deed of Surrender) ending the current (joint and several) Tenancy. Get a new AST signed by Mrs and take a new deposit and reprotect in her sole name.
If all are agreeable, could make a full deduction of existing deposit and then reprotect this. If mr and mrs dont agree to this, take the new deposit before releasing old.
Yes that’s what I was thinking. Thanks both for your advice. If all are agreeable, could make a full deduction of existing deposit and then reprotect this. If mr and mrs dont agree to this, take the new deposit before releasing old.
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