Atwel James Estate Agents provide this guide for those who want to end their tenancy agreement before the fixed term of their tenancy agreement has come to an end by nominating someone else to take responsibility of the remainder of the tenancy. This can only take place with the permission of the landlord and it will require you to sign a new tenancy contract with a replacement tenant as well as a guarantor (subject to satisfactory completion of vetting forms via UKTenantData).
You will also be expected to sign a Surrender of Tenancy Agreement document. Up until a new contract is signed you will have to continue with your rent payments.
- The landlord will decide up on the suitability of a replacement tenant and this will involve an application process. This will require references to be supplied as well as credit checks carried out along with a guarantor who is deemed as being suitable. A replacement tenant is not permitted to enter the property before a new tenancy agreement has been signed and under no circumstances should they be given keys to the property.
- If you are part of a group tenancy agreement then you would be expected to make sure that the other group members are happy with the new agreement as all who sign the new tenancy agreement will be jointly and severally liable for any costs. This would be required in writing.
- The landlord will not carry out viewings, therefore, the responsibility falls to the individual who want to end the tenancy agreement or other members of the group to make it clear of the obligations that they are taking and to be satisfied with the current condition of the property, again this would be required in writing.
- It is in the best interests of the tenants who will remain at the property to assist in helping to find a replacement that suitable as all are liable for any rent that may be unpaid as well as any other costs. Any debts will not be left to just the guarantor, they will belong to the tenants and the guarantors, this would include responsibility for the utilities and any damage to the property.
- A meeting should take place between all tenants so a plan can be put together to help find a suitable replacement.
- A new tenant may result in changes to council tax, so understanding whether there will be any changes is crucial.
- The landlord requires as much notice as possible should a tenant wish to the leave the tenancy agreement, and it is the tenants responsibility to find a replacement tenant.
- A tenancy administration fee will have to paid by the new tenant and a suitable guarantor will have to be provided along with a signed guarantor form.
- Tenants who are leaving the agreement will have to pay for a new agreement to be put in place. There is a minimum charge for this.
Re-advertising the room
To find a suitable tenant, begin by telling your friends about the vacant room. It is possible to put advertisements up on notice boards where possible. There are many websites that can be used to advertise the room and you can even use newsagent’s windows where required, as well as Social Media such as Facebook, Twitter & Instagram.
Remember that the remaining group of tenants are still responsible for the payment of your rent so it is crucial to involve them in the process. If payment is not made, all tenants could find themselves in court.
Get in touch with the landlord so that a Surrender of Tenancy form can be signed so that your existing tenancy can be surrendered. A new tenancy agreement will also have to be signed before anyone else moves into the property.
No keys will be given to any prospective tenants until the relevant checks have been carried out. A full deposit will be paid as well as any administration fees. They will also be expected to provide a completed guarantor form as well as a new tenancy agreement signed and completed.