Changing Tenants in a Joint Tenancy
Within the fixed term of the tenancy.
All the signatories of the tenancy agreement have agreed to be responsible for rent for the duration of the fixed term. However, it is possible for one of the joint tenants to find a replacement tenant and 'assign' his share of the tenancy to his replacement. This can only be done with the co-operation of the landlord and the other tenant(s).
If there is a deposit, the deposit protection company will need to be advised of the change of tenancy. This may involve the return of the deposit to the original group of tenants, its division as appropriate and a new deposit being taken from the remaining tenants and the new tenant.
To do this, you need to complete a 'deed of assignment'. Cut and pase the following into a new document:
Deed of Assignment
This assignment is made on: (Date) Between: (Landlord) (Outgoing tenant) (New tenant)
(Remaining Tenant/s)
This Deed of Assignment is supplemental to the Tenancy Agreement dated: relating to the property at address of property let
Whereby it is agreed as follows:
1. The Remaining Tenant(s) and the Outgoing Tenant(s) hereby assign to the Remaining Tenant(s) and the New Tenant(s) the property which is let under the terms and conditions of the Tenancy Agreement from the Date of Assignment above for the remainder of the tenancy term created by the above agreement.
2. The Landlord hereby agrees to this assignment.
3. The New Tenant(s) agrees with the Outgoing Tenant(s) that the New Tenant(s) will at all times hereafter keep the Outgoing Tenant(s) indemnified against all payments and obligations arising from the Tenancy Agreement after the date of Assignment.
4. The New Tenant(s) agrees with the Landlord and the Remaining Tenant(s) that from and including the Date of Assignment and thereafter during the remainder of the tenancy created by the Agreement the New Tenant(s) will discharge and perform all obligations and make all due payments contained in the Tenancy Agreement.
5. References to the Tenancy Agreement shall include any extension or continuation thereof.
6. This document is a DEED and has been executed as a DEED.
Signed/dated: (Landlord) (Outgoing tenant) (New tenant)
(Remaining Tenant) (Remaining Tenant) (Remaining Tenant) Witness: Name Address Signature Date
With thanks to LLZ user "Tom999"
This document will need to be signed by ALL parties, including the departing tenant, and must be witnessd by an independent adult.
After the fixed term
At the end of the fixed term, or anytime afterwards, any tenant can give due notice to the landlord to end the tenancy. At the end of that notice, the departing tenants obligations end and any deposit allocated to them should be returned - less any agreed deductions.
The remaining tenants can negotiate a new tenancy agreement with the landlord, either together, or with a 'replacement' tenant.