DPS repayment and tenant leaving before end of AST end date

[marcola]

I have a tenant who wants to leave before the end of their tenancy agreement date. They have a prospective replacement tenant of similar status so I don't really object in principle. I understand the new tenant can take on the old tenancy until the end of the term but what happens after that? Do I then give the new tenant an AST in their name.

How do we deal with the deposit? It is lodged with the DPS, can we claim it back before the end of the stated tenancy?

[Grampa]

The new tenant can not take over the old tenancy they will have a new tenancy in their own right so best to get another agreement signed otherwise they will have a verbal tenancy which you don't want.

You need to get a notice to quit for a set day signed by the current tenant which is accepted by you to end the current tenancy and then you need to do a proper check-out and agree on any damages etc.

You then authorise the dps to return the balance to the tenant.

The new tenant needs to pay the first months rent and new deposit up front and have a new tenancy agreement and inventory. Then protect the deposit as normal

The out-going tenant needs to be told you will need at least 3 days (or what ever you need) in between tenancies so the check-out can be done, new inventory compiled and any maintenance works or decorating can be done. They should also be held liable for those 3 days otherwise you will be out of pocket by releasing him early and you have no obligation to do so.

The one thing not mentioned yet is the referencing of the new tenant. Don't just take the word of the out going tenant because they wont care who goes in they just want to be released early.

DO THE CHECKS AND REFERANCING.

[Chestnut]

Checks and Referencing is extremely important - it is most probably a condition of your buildings insurance.

You need to follow course of action outlined by Grampa above.

[marcola]

Thank you for your reply. I always get references and do my own background checks and I have info re the possible new tenant.

The reason I questioned the AST is because in my law pack it says to have the new tenant complete the old tenancy. What is the legality of the current tenant if we both agree to end it early?

As the deposit is with the DPS and registered as a 12 month tenancy are they ok with paying it back early?

I must say this landlord deposit business does annoy me. The law certainly favours the tenant, and it shouldn't take so long to get deposits back.

[Grampa]

The reason I questioned the AST is because in my law pack it says to have the new tenant complete the old tenancy. What is the legality of the current tenant if we both agree to end it early?

As the deposit is with the DPS and registered as a 12 month tenancy are they ok with paying it back early?

How old is your law pack?

Even if it was possible it would open up a box of worms relating to notice periods and tenancy periods. Don't even go there.

If the current tenants gives a notice to quit for a set date and you reply in writing that it has been accepted that is ok and ends the tenancy.

There shouldn't be any problem ending the tenancy early with the dps and if there is no deductions even easier.

[marcola]

Yes, I do agree with you. I don't think I have any problem with my current tenant and so long as we all agree it should be Ok.

Thank you for your advice , it is always good to run these things by others with experience.