Renting A Property - Want to change flatmate

kevin_wevin

Hi guys,

Looking for a bit of advice, I hope someone is able to help.

I moved into a flat on 31st January 2015 with my friend and signed a tenancy agreement for 6 months with a private landlord. After the 6 months it is rolling and I will have to give 2 months notice to move out.

My flatmate got a job in another city in May so wants to move out and has found a replacement who can move in on June 30th.

We were hoping that my current flatmate could simply move out and the new guy move in and take over rent and bills from July onwards but the landlord has said myself and the new guy have to sign a new tenancy agreement and therefore commit to another 6 months. He said this is because they rent the flat as a whole rather than by rooms.

I was hoping there was some way around this as I'm hoping to get a job abroad in a few months, I was hoping that I would have commited 6 months to the end of July and then it could be rolling from then on so I could give the appropriate notice and move out if I got a job abroad.

Is the landlord correct that I have to sign a brand new tenancy agreement? Or is there no way to simply change the name of a tenant on an existing agreement?

Thanks in advance for any help

G_M

1) the landlord could Execute a Deed of Assignment. The current (periodic) tenancy continues, with the new tenant's name assigned in place of the old tenant. All 3 tenants and the landlord need to agree/sign. As a Deed, it should be witnessed.

If it is currently a Statutory Periodic Tenancy, notice is one month aligned to the tenancy periods (read here). If it is a Contractual Periodic Tenancy, notice is as defined in the contract.

2) the current teancy can be surrendered (ended). Ideally, this should be done in writing, with the 2 current tenants & LL signing. The deposit should be returned.

A new tenancy can then be created with one old and one new tenant. A new deposit taken and new inventory drawn up.

The tenancy can be
* fixed for whatever period the tenants and LL agree (3 months, 6, 8, 12 whatever)
* or a Contractual Periodic Tenancy (ie no fixed term, just a rolling monthly tenancy from the start. Notice periods would be as defined in the agreement.

In both cases, the LL is likely to want to check the new tenant is acceptable (references, credit history etc).

kevin_wevin

Thank you for your comprehensive response G_M, it makes sense to me now and it's much appreciated!

G_M

* or a Contractual Periodic Tenancy (ie no fixed term, just a rolling monthly tenancy from the start. Notice periods would be as defined in the agreement.

Edit: in this case, Notice by the tenant is whatever the agreement says.
Notice by the landlord is whatever the agreement says, subject to a minimum 6 months; the LL cannot, by law, serve a S21 to end the tenancy which expires earlier than 6 months. (this is why LLs are often reluctant to grant tenancies of less than 6 months).