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Question

Changing the Terms (England) | During the Tenancy (England) | England

Tenant wishes to move partner in and have on tenancy agreement

29 Jan 2022 | 3 comments

Existing tenant wishes to have his partner who has moved in on the tenancy agreement. Existing fixed term tenancy agreement ends in May 2022.

What is the easiest, most cost effective, and safest option to do this ? and if a new tenancy agreement is the better option, is it better to do it when the existing fixed term ends in May ?

Answer

3 Comments

  1. guildy

    Assuming you’re happy with the new arrangement (which it sounds like you are), a new agreement must be done.

    This should be done now and not wait for the existing term to end. The new agreement will automatically kill the current tenancy.

    For simplicity though, the new agreement done now could commence from the next rent day so everything ties up nicely with the rents.

    Because it’s not the same parties, this will be a totally new agreement requiring all new documents to be sent. If there’s a deposit, that will need unprotecting and reprotecting in the new names.

  2. kaykadara_2004

    Silly question but would I then be tieing the “2 new tenants” into a new fixed term agreement from the next rent day for 12months ? and if so I would have to agree this with them both first right ?

    Can I pass any costs onto them i.e. new TA and referencing/admin etc as the tenant is voiding the initial agreement early ?

    Is an alternative option to this, to just add the partner onto the existing agreement, agreeing to all existing terms, keeping deposit in place. Then in May create a new joint TA ?

  3. guildy

    You can make the fixed term anything you all agree on. We normally recommend 6 months. It would need to be agreed as they will be signing the new tenancy.

    You can’t charge the new tenant anything (e.g. referencing), as those fees are banned. We don’t think they are “voiding” as such because it’s different to wanting to leave the property early.

    However, you may be able to request an amount if it can be argued it’s a change requested by the tenant which must not exceed the greater of:

    • £50, or
    • the reasonable costs of the person to whom the payment is to be made in respect of the variation, assignment or novation of the tenancy,

    Please see here for details about tenant fees.

    You can’t add to the tenancy. It has to be a new one. Please see here for an important case.

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