Replacement tenant- Can existing contract be amended with an addition?

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    Replacement tenant- Can existing contract be amended with an addition?

    Hello all,

    Quick question. Common situation of one existing tenant moving out of a multi bedroom property. A replacement is found. Historically I have created a new contract and all remaining tenants as well as the incoming one have signed this new document.

    I am slightly puzzled though as the incoming tenant is meant to be taking over the departing tenants contract. The dates in the new document are different to the original and break clauses originally agreed become redundant in many cases as thedate of initial term is now different.

    Is there a standard procedure here in terms of generating a new contract for replacement tenants? Or perhaps an amendum to the existing contract is enough?

    Thanks in advance.

    #2
    You could consider a deed of assignment - this needs to be agreed by all the tenants (including new & departed) plus the landlord. This will have the effect of transferring all rights and responsibilities to the new tenant.

    Administratively, it is easier (imho) for each tenant to have a separate contract for a room each - but there are pluses and minuses.

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      #3
      Three options in a situation where one joint tenant wishes to depart before fixed term expiry:

      1) Do nothing. LL has no obligation to accept a replacement T. All joint Ts, including the departing one, remain liable for rent up to fixed term expiry - their problem, not LL's.

      2) Deed of assignment. To vary the contract so that the departing T is replaced by incoming T. All parties to the contract must agree, and it must be executed as a Deed. The terms of the contract remain exactly as before, except that the tenant is changed from A, B, & C, to A, B & X.

      3) Surrender existing contract and grant new one. Again, all parties must agree. Firstly, surrender the existing contract (ideally, by Deed). Then grant a new contract. As it will be a brand new tenancy, the usual procedures for a tenant changeover must be done - e.g. check-out inventory, refund deposit, check-in inventory, take new deposit, protect deposit, etc. (Though, obviously, it's tricky to do a check-out/in when Ts are in occupation; but if you don't then you will have no evidence of condition at the start of the new tenancy).

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        #4
        Many thanks, very helpful.

        Comment


          #5
          I have made efforts to locate a sample deed as a template but can only find one from 1999. Is this valid/comprehensive enough?:

          http://housing.london.ac.uk/cms/uplo.../Assign_01.pdf

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