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Question

Ending a Tenancy (Wales) | Tenant Wants to Leave (Wales) | Wales

Tenants internal dispute.

14 Dec 2020 | 1 comment

Student tenant in three bed AST wants to leave. He has found a replacement. Normally I would do a brand new tenancy in these circumstances, with the two original tenants and the new one. A new bond would be required from the two that are resigning, but the amount of bond is token and is never an issue. For complex reasons of a personal nature the person leaving wants the existing contract to continue but with a tenant change rather than a new contract.  What are the pros and cons for me as the landlord of doing a new contract as compared to doing a tenant swap on an existing tenancy? The hassle of doing a new tenancy is irrelevant, assuming anyway that its more work than a tenant swap.

Answer

1 Comment

  1. guildy

    The only real way is to a new tenancy.

    If the one was leaving, it would be okay to leave because an AST can continue as long as at least one of several occupies.

    However, here, you’ve got a replacement and that means it can’t continue in it’s current form and such new one needed.

    Guess the only way around it would be to allow the replacement to be a lodger of the tenants. But, that puts you in a difficult position because the replacement wouldn’t be bound to any of your terms of the tenancy (look after the property, no pets etc.). It could also be a problem if the others left but the replacement refused to leave at the end. How would you get possession if not on the tenancy agreement for example.

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