Can I (the landlord) use a Deed of Assignment when an AST has become a rolling Statutory Periodic AST?
The incoming tenant has concerns. Tenants comment: "On further research a deed of assignment might not work in this instance. My understanding of the assignment document is that it allows a tenant, with the consent of the landlord, to transfer any unused balance of the tenancy to an individual who will then step into his shoes and become the third member within the definition "the tenant" referred to within the AST agreement. What I do not understand is given I won’t be going into the flat till after the expiry of the current tenancy that would mean there isn’t anything left to assign. While I understand that those already included in the document would then be under a rolling tenancy, I don’t believe this is something I could join with a deed of assignment after expiry. "
I can’t find anything on the internet, for this particular aspect. Thanks for any advice,
I think you must be confused, if the tenancy has expired, you can let it roll on as a periodic tenancy. Alternatively you can renew the tenancy. How you think the deed of assignment is relevant i do not know?
Thanks for answering. I posted a reply a week ago, but it seems to have disappeared. My scenario is that: a flat of 3 tenants were on a one year AST, which has now become a periodic tenancy on the 10th Oct. Then, one tenant will leave on the 18th Oct, and I would like to use a Deed of Assignment for when that tenant leaves, and the flat brings in a new tenant. I have showed the new tenant the old AST, and am asking them (all) to sign a Deed of Assignment, but the new tenant has made the comment in the opening post, and I said I would confirm if a Deed of Assignment can be used in this instance.
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