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Question

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

Tenants: One out, one in

22 Mar 2022 | 2 comments

One of my tenants has apparently moved out so the existing tenant is looking for someone else to join him in the flat.

Will this require a new tenancy or an amendment to the existing one?

The landlord had earmarked the property for a rent increase from July, is the tenancy is amended, can she still go ahead with the increase in July or is it best to start a new tenancy altogether at the new increased rate, as and when the replacement tenant is found please?

Answer

2 Comments

  1. kaysproperty

    I should add that the last rent increase was July last year, hence intending to increase it again, to be more in line with the landlord’s other tenancies in the same block of flats.
    The property would also need a new EPC for a new tenancy agreement. Can the landlord expect the tenant to cover the cost of any of this paperwork or is it all down to the landlord?

  2. guildy

    As there is a change in the composition of tenants, you must do a new tenancy and start again. Assuming all agree, you can implement the rent increase at that time by putting the new rent in the new tenancy,

    If there’s a deposit, it will need unprotecting and protecting under the new names.

    An EPC is only required when the property is “marketed for rent”, so a regular renewal wouldn’t necessarily need a new EPC. However, because there will be a new person, you are right to get a new one because the tenant’s actively trying to find someone is effectively marketing the property. In any event, the penalty of not being able to serve notice isn’t worth the argument!

    This might be a variation in the tenancy at the tenant’s request, especially if it’s still in the fixed term. In that case, “reasonable costs” can be charged up to £50 (but not for the EPC as that’s a landlord’s duty). Please see here for details.

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