Tenants have split up, one is moving out - do I need to make changes to contract?

Landlord Discussion Legal
1

Hi all,

I have two tenants who were together but have now split up. One is moving out and the other wants to stay and finish the fixed term (8 months left). However, he says he can’t afford by himself and would like to find another tenant to help cover the other half of the rent.

Do I legally need to change the contract so it reflects the new tenant when they move in or can I keep the contract as is until the end of the original agreement?

Thanks,
Fred

2

I suggest you do nothing at the moment. The outgoing person will still be a tenant and liable for the rent if the other defaults. Dont say anyhhing to him about his tenancy or obligations ending. When someone new is found you can all sign a deed of surrender and create a new tenancy. Dont forget to deal with the deposit.

3

Thanks David. Is it ok to let him find a new tenant and sublet to them so that he can pay the remaining 8 months on the original agreement without me needing to change anything contractually until the fixed term finishes?

4

That would make 3 people regustered as living there which might make it an HMO. I suggest you wait for him to find someone and then do a new tenancy for 6 months then periodic.

5

What David said.

That’s the way to go.