I have a tenant in a flat that has poor insulation. (A vaulted ceiling, contractor has attempted to install insulated plasterboard but there isn’t any roof baton substantial enough to hold it up safely). I have a flat next door that I am about to complete a total refurb on, that I have offered to him as I don’t want to lose him. His tenancy agreement and rent collection is all done by Openrent and my question is, can I simply change the address on his current agreement or do I have to start again from scratch? (In this instance I’d probably just do it myself as he’s a good payer and the rent is currently being collected by Openrent at no charge to me which I believe has changed now)?
The smart thing to do is to formally end his tenancy in the one and start a new one. When both parties agree you don’t need to give notice.
To cover my ass I would also return the security deposit andcollecta new one.
Communicate with the tenant through the whole process and make it clear you’re doing this to protect you both legally, and make it as smooth as possible for the tenant.
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Yes, no brainer that would be the best possible way to do it to go about it to cover yourself legally but I just wondered if there’s an option to keep absolutely everything the same but change the address? I’m a firm believer in, if it ain’t broke don’t fix it and wanted to reduce the upheaval imposed on the tenant. I’d really like the transfer be as smooth as possible but I suppose I’m just asking too much! I’ll email them and see what they say. Thanks.
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The current tenancy is not transferable to a new property so you must end the current tenancy and start a new one. A deed of surrender signed by all parties should suffice to end one and then all new paperwork for the other one. As above, you would also need to refund any deposit for the current property less any damage costs.
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In my experience, as long as you’re upfront and honest and have that “I know this is a nuisance, I wish I didn’t have to deal with this red tape either, it’s best for both of us” attitude - people are usually amenable.
It’s when you dump a ton of legal crud on someone without explanation or warning that people respond badly.
The deposit is the biggest area that I can see the tenant feeling upset because that is a big unexpected expense- unfortunately it’s also the one that puts you in greatest risk as landlord not to handle to the letter of the law. Try to come up with a plan to get the deposit returned quickly, definitely don’t have any delay in checking over the property.
As a tenant, I’d be fairly nervous about just transferring it. I would personally feel more comfortable doing everything formally even if it is a headache.
Agree with Ryan and David.
It’s better to go by rules and better to spent a few days and keep it clear for both parties.
Thanks all. Yes, I was always going to do it by the rules. I was just hoping the rules may have allowed a simple email changing the address. I wouldn’t ask him for the deposit before the old one was returned, I’ll pay that myself. He’s a fantastic tenant so it’s never going to be an issue which is why I’m moving him to the new flat in case I lose him altogether. I’ll also start collecting the rent myself as Openrent will charge me for the service they provide for free at present, unless I’m wrong?
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