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Starting a tenancy agreement with existing tenant


Harvey

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The tenancy was originally a joint tenancy but the tenants separated and one moved out. One of the tenants remains and wants a sole tenancy however due to her financial situation it would invalidate my rent indemnity insurance which is the only reason I went with the LA for the rent collection. I want to keep to keep the sole tenant however if I can't have the insurance I'm not interested in keeping on the LA. the contract states that I need to pay a charge to terminate the contract with the LA if I enter into a new agreement with an existing tenant, however does not specify any time period I.e can't enter new contract with existing tenant for 6 months, therefore if I do not enter into any tenancy with an existing tenant until a day/week/month after I end the agreement with the LA could they come back with a claim against me?

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The tenancy was originally a joint tenancy but the tenants separated and one moved out. One of the tenants remains and wants a sole tenancy

Whilst the joint tenancy is in place both people are responsible for the rent.

If the tenancy is in its fixed term you do not have to change anything.

Rather than the remaining tenant wanting a sole tenancy one would expect the departing tenant to serve you with formal notice and want the contract cancelled at its earliest opportunity.....rather than them just moving out and abandoning their responsibility.

however due to her financial situation it would invalidate my rent indemnity insurance which is the only reason I went with the LA for the rent collection. I want to keep to keep the sole tenant however if I can't have the insurance I'm not interested in keeping on the LA.

Usually the tenant comes with the LA as a package. They found the tenant for you and you will not be permitted to keep the tenant without also keeping the LA. You could ask if they will agree to what you want but tthey may of course refuse.

contract states that I need to pay a charge to terminate the contract with the LA if I enter into a new agreement with an existing tenant, however does not specify any time period I.e can't enter new contract with existing tenant for 6 months, therefore if I do not enter into any tenancy with an existing tenant until a day/week/month after I end the agreement with the LA could they come back with a claim against me?

Depending on the agreement you have with the LA its unlikely you will find a way around the situation.

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Harvey you are storing up loads of trouble for the future with the agent - you have a valid contract with them, the tenant - what happens if she stops paying arguing her other half should be contributing.

Best plan would be to buy your way out of the agent. What is written in you contract about that?

You can buy rent guarantee insurance anytime youself.

In letting you need to be clear and not devious.

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