Subletting or changing lease

Documental

I currently rent a flat with two other people and have done since July. Problem is that I don't really feel like i'm included there and haven't really been in the flat since we got the lease. Anyways I won't be back in the flat from now until July when the lease runs out as I will be living with my girlfriend.

Now we all sat down and came to the agreement that I would move out in April and the guy that was meant to move into the flat in July would instead move in straight away and that he would give me money for the rent.

Now I was wondering whether this was ok or not or whether I should suggest that we go to the letting company and explain the situation and see if we can get my name swapped out for the other guy's.

We've all came to the agreement that it's the best for everyone but I don't want this to come back and bite me in any legal way.

BitterAndTwisted

What sort of tenancy do you have? Are you three on individual rental agreements or a "joint and several" one?

rentergirl

If you have a joint tenancy, you must inform your agents, mainly to protect yourself: if the new tenant doesn't pay and your name is still on the contract, you might be liable for bills/rent etc.

BitterAndTwisted

Under normal circs it's not possible to "swap out" one tenant for another. In order to replace yourself on the existing tenancy agreement it would be necessary for a new rental agreement to be drawn up. It also might be possible for a new person to sublet from you but your legal responsibility would remain until the tenancy ended. I wouldn't necessarily advise this for obvious reasons.

Speak to the agent/landlord and see what they suggest. Be warned that they will most likely be looking to charge a fee if they are going to draw up new tenancy agreement and it would only be fair if you shoulder that cost rather than your replacement.

To be honest, I can't see that taking on the responsibilities of a tenancy until July is going to be attractive to either a new tenant or the landlord unless all three commit to renting for longer than that: for at least another six months for legal reasons.

tbs624

Welcome as a newbie.

The bottom line is that you are contractually obliged to meet the rent and other payments until expiry of the Fixed Term, unless your LL agrees otherwise. Any "replacement" T would need to meet the LL's letting criteria. Talk to the LL direct if you can ( name & address avalable via the Land Registry for a 4 quid fee)