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Question

Sub-letting and Assigning Tenancies (England)

Assured Shorthold Tenancy Agreement para 71 Subletting

2 Feb 2018 | 1 comment

Subletting and Assignment. I have a student property with 5 tenants one wishes to leave and has found a replacement under para 71 if I agree can this take place with out a new tenancy agreement and who would be responsible for the rent payment and checking right to rent and all the other checks Smoke alarms Legionella etc.

Answer

1 Comment

  1. guildy

    We presume the tenancy is a single tenancy agreement with all five names on – in which case, it wouldn’t be appropriate to do it that way.

    The simplest way to do this so you retain full control is to sign a new tenancy with the five new names on. The end date of this new tenancy can match the current end date.

    This would make you responsible for all the checks (which is better so you know they’re done properly) but we see no reason why you can’t charge the outgoing tenant for this extra work as part of the negotiation to allow them to leave early. If they disagree with the charge, they can simply stay for the remainder of the term!

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