OpenRent Community

Adding new tenant to agreement

[I thought this would be an obvious topic but couldn’t find any relevant post or FAQ, please do redirect me if you know of one]

In short: my tenant has a new partner and would like to add them to the tenancy. Is there a way to do this that doesn’t involve starting everything from scratch, including tenant fees, deposits, referencing, etc?

Cheers,
Rob

Hi Rob, thanks for posting.

If you would like to make this change using OpenRent we would only be able to accommodate this by setting up a new tenancy through Rent Now. We appreciate this isn’t as smooth as it could be. Therefore it’s likely it would be simpler for you to arrange this directly with the tenant(s).

This will involve refunding the deposit held on the first tenancy to the tenants, so they can give that back to the tenant who is moving out. As this would be an entirely new Rent Now this will cost you £49.

While we appreciate this seems like a simple change, any change to the tenants living in the property is considered legally significant, and this requires a new tenancy to be set up in order to be legally sound.

Since the tenancy is between you and the tenant, you’re alternatively free to arrange this yourself.

If you’d like to go ahead changing the contract this way feel free to drop us an email at info@openrent.co.uk.

Hi there,

When you say you can sort it out with tenant yourself and email info@openrent.co.uk what do you mean by this?

My tenant wants to move her partner into the flat so I’d like to add him onto the agreement without first having to refund her deposit and initiate the process again. Is this possible?

Thanks

Hi Giulia,

If you want to add a tenant to an ongoing tenancy, you can do this via a deed of assignment or you can begin a new tenancy with both the tenants as signatories.

Adding a new tenant to an ongoing tenancy via assignment isn’t something that we (or anyone else) have built an automated system for. The deed would need to be properly drafted, signed by all parties and witnessed. It’s is often more straightforward to simply begin a new tenancy.

I’ts very easy to initiate a deposit return via your scheme’s website, and OpenRent handles the registering of the new deposit for all parties anyway, so it isn’t that much more admin just to create a new tenancy.

If you have any questions about this, you can email the above address for more help.

Sam

Thanks Sam. If I decided not to put him on the agreement and just keep the agreement between me and the main tenant, would I risk possible squatters rights with him? Her tenancy runs out in March 2020 so I’m wondering if I just wait until then to add him on or if it’s critical to do it now.

Hi Giulia, I’m not an expert on squatting, but I don’t think that living at a property let by someone else gives you any rights over that property. If, for example, you ended the tenancy, but this person did not leave the property, then I assume you would have a trespasser, not a squatter.

Sam