Hi, can anyone help. We have a HMO with 4 tenants as a joint house share tenancy. They need to just replace one of the tenants on the agreement. How would I go about doing this please?
I believe you need to end the tenancy for all of them because it’s joint, return all deposits and then start again with a new joint tenancy.
I’m sure someone with actual HMO experience will be along shortly to verify that my assumption is accurate.
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Tatemono’s suggestion would also be mine. End it through a deed of surrender signed by all tenants plus yourself and a witness. The new tenancy must be signed by all new tenants immediately afterwards.
Do you have a new tenant lined up? Are all the other tenants on board with the choice?
Thank you for helping. They have a 12 month break clause which is tying in with one of the tenants leaving and all the others are on board with the new tenant coming in. Would I still need the deed of surrender I inspected the property on Friday and it hasn’t really been maintained that well so should we really do a new inventory as well?
You need to do everything.
- referencing and Right to Rent check on new tenant
- checkout inspection
- refund balance of deposit after any deductions
- deed of surrender with all current tenants
- new inventory
- new tenancy agreement for everyone in new group
- new deposit
- new deposit PI
- new service if the GSC
- new service of the EPC
- new service of How to Rent
- new service of EICR
David thank you so much for giving up your time. Truly appreciated
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