Hello! I have my flat rented to 2 friends, since 1 month ago, we did 6 month contract, unfortunately one of them has suddently lost the job and cant stay at the property, they are going to find another tenant , but how does it work? shall I make a new contract with the 2 new ones? shall i list the property again and then they apply… if someone has had same situation, please help!
THANK YOU SO MUCH !!!
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You have not said WHERE
If the two friends signed the tenancy agreement , and you have clauses not allowing subletting and additional tenants , the single remaining tenant is usually responsible for paying the full rent (unless they pay rent separately to you and each have their own tenancy agreement) .
You and the tenant should agree whether an additional new tenant is to be a joint tenant added to the tenancy agreement as such . If they wish then the new tenant should fil in an application , you should take references and and decide if they have the resources to keep the flat if the first tenant disappeared - if so you should issue a new tenancy agreement (as the new tenant has the right to the protections of a 6 month initial contract)
The alternative is to permit the first tenant to have another adult living at the address as a permitted occupier. In this case they are given permission to reside in the remises only as long as the first tenant does. If they do not leave the fist tenant continues to be obliged pay rent for as long as the permitted occupier stays there. This is most often used with partners or dependents. But can be used with friends were one would not pass referencing .
hope this helps
If they find a replacement who is acceptable to you then the cleanest way to deal with it is to end the current tenancy through a deed of surrender and to grant a new tenancy to the new tenants.
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