One of the tenants is moving out, offering to advertise room


i’ll happily admit I haven’t used Spareroom and know very little about it’s usefulness.

One of my 2 tenants - currently in a periodic tenancy period - is leaving the UK. Needs to exit in mid June. The remaining tenant wishes to use Spareroom to find a replacement

Correct me if I’m wrong but I think the current tenant should be identifying the replacement (as he has to live with them!) but I will have the final say.

Would you run the usual reference and credit checks etc on this new person?
Would a new AST - with a reset of terms - be appropriate or overkill?
Would simply letting the existing, trusted tenant collect the rent from the new person be easier?

I’d want the new person to abide by the same lease terms etc and they’d have to lodge a deposit (replacing the former tenant’s wedge at the TDS)

My main concern is that if a suitable tenant is found, because of their unfamiliarity with the existing tenant, there’s an increased risk of them leaving and me going back to square one. So I’m also considering just serving a Section 21 and getting a brand new pair in

Thoughts on the efficacy of Spareroom and the process appreciated. Thanks

You need a surrender of existing tenancy from both of them, full checkout report, refund of balance of deposit, full referencing for your selected tenant, (which I agree the remainer should have a say in), a new tenancy agreement new deposit and all new paperwork for the 2 new ones.

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Thank you for the advice - this seems absolutely spot on

Yes agree with David above… I had this… 3 Students on 1 AST, one moved out and the extent of the mould had made walls so sodden so that electrics failed - they were jointly liable but failed to understand this. They moved a new tenant in but refused to sign a new AST so prev tenant was still liable. They failed to resolve damp mould despite many promptings. The damage was 4 times the amount of the rent I got. I could not do an Inventory as the AST had not ended. Yes you need the ref credit checks its your property. You need a new inventory - are they on 2 AST’s? It’s messy. I’ve now gone to MyDeposits demanded to retain full deposit - this does not cover my losses and now I need to swear an Oath to get these funds into my bank account. The Law is against us.

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Why is the damp issues the tenant’s responsibility? My understanding is that damp is our responsibility as the landlord but that mould caused by condensation is the tenant’s.

It depends if there is a leak causing the damp. If not then absolutely it is the tenants responsibility every AST has this clause in it.

It wouldn’t be called damp then if it was not caused by some leak or structural issue.

You can do a Deed of assignment under which they new tenant simply steps into the shoes of the old one. No need for a new tenancy (requiring new notices and a new minimum term etc) but it needs to be properly executed and witnessed. The NRLA have a good template - just one page. You cannot unreasonably refuse a replacement tenant but it’s not unreasonable to insist on the new tenant passing referencing, and charging up to £50 for the assignment (including referencing) and more if you can justify the cost and have spent the money. I stipulate a condition that the remaining tenant(s) should also be agreeable to the choice of new tenant as I believe that is a reasonable stipulation. I ask the new tenant to take over the existing inventory and to check the property to see if they want £ from the exiting tenant in respect of any existing damage beyond fair wear and tear.

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Ah this is really interesting. Will take a look. Thanks

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