Hi, I have a single tenant in a property currently – but he would like a friend to move in with him, so he will sign a new joint tenancy for a further 6 months. The deposit is currently registered in the DPS just in the single tenants name. As the lead tenant is not moving out, a final inspection will not be done. How should I deal with the deposit, as a new tenant will now be added to the agreement? Thank you
Question
Deposits and Tenancy Deposit Schemes (England) | Joint and Several Tenancies (England) | Moving in a Tenant (England)
Replacement Tenancy
Answer
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5 Comments
It’s a bit of a pain but unfortunately you will need to unprotect the deposit then re-protect it in the new composition of names. To make things easier you could have the full deposit returned to you (with agreement from the tenant) and then you can instantly re-protect in the new names.
If the tenants have changed I don’t believe this is a ‘replacement tenancy’ it is a ‘new tenancy’ so all the requirements for a new tenancy would apply?
Yes, that’s right. In the question it is said they will be doing a new tenancy.
Tagging this question on this as it is related…is there a definition of a ‘replacement tenancy’?
I think I may have found at least part of the answer in the Deregulation Act 2015 Section 215B (4). A tenancy replaces an earlier tenancy if the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy and the premises let under both tenancies are the same or substantially the same.