Adding another tenant to the tenancy agreement

Need some advice ?
I rented out my house in Glasgow a month ago and tenancy agreement was signed by two tenants but it was verbally agreed that the husband one of the tenants will also move in after one month. He has moved in now and would like that his name to be added to the tenancy agreement and I wonder whether I could add his name to existent tenancy agreement or whether I need to do a new tenancy agreement and there will be no change to terms and conditions.

No you can’t. You may be able to do a deed of assignment, but it can be complicated and you’d probably need legal advice. Better to start again. You would need to get them both to surrender the existing agreement and create a new agreement for everyone. You would need a full check-out inspection, making any necessary deductions from the deposit and refunding the balance. You would then need a new inventory/schedule of condition and to take and protect a new deposit and issue all new paperwork. A lot of admin. If this is something you pay an agent for, you could potentially charge the incoming tenant as long as you stick within the Tenant Fees Act.

The alternative is to do a quick right to rent check on him and write him a letter naming him as a permitted occupier. He would not be a tenant, but if he is married to the another tenant would have similar rights under family law. You cant then accept rent directly from him.

Incidentally, unless they’re all related, you have an HMO there now.

EDIT: just noticed this is Scotland. Laws are different. The above may be wrong