Is your current tenant asking to move in a friend – whether that’s a significant other or a friend? If so, in order to protect your legal rights as a landlord then you need to know how to add someone to a tenancy agreement.
There are two ways to do this and we will explain both in this article.
Adding a new tenant to an existing tenancy agreement can be achieved by adding a legal clause to your existing tenant’s lease. But the most ‘clean cut’ way of doing this is really to start again by creating a new lease agreement.
Failing to do either of the above can lead to all sorts of legal headaches further down the line – especially if the existing tenant decides to move out before the end of the lease or during a periodic tenancy. That’s because it is he or she who will be responsible for the property, not the person they have sublet to.
When a new tenant wants to move in to your property it’s all about keeping things legal and above board – to protect all parties concerned. So, start a paper (or email) trail that you and the tenant can both refer back to for clarification.
The first step as a landlord is to get your existing tenant to write to you asking how to add someone to a tenancy agreement.
If there are enough bedrooms and your flat or house is big enough to legally permit another individual staying there then ask them to fill out a rental application form. State that this should be returned by a certain date (so the issue doesn’t linger).
That way you will have the details of the proposed tenant which you can then reference and background check. This means you can satisfy yourself that they will be able to afford to pay the rent and their share of the utility and other bills.
If, on the other hand, you don’t feel the references are good enough then write back to the tenant asking how to add someone to a tenancy agreement and deny the request. Just make sure you don’t give out any private financial or reference details about the applicant. That way you aren’t violating their privacy.
If you are satisfied that the proposed tenant is in employment (or has a guarantor) and other references don’t cause you any concern, then it’s time to draw up a new assured tenancy agreement (lease). This will have the names of both your existing tenant and the new tenant.
It will also involve taking an additional security deposit from the new tenant. The lease should state too that both tenants are jointly responsible for paying the rent – regardless of whether one doesn’t pay their share in any given month. Again, go over the terms of the tenancy to ensure the new tenant is familiar with them too.
A signed and dated copy of the lease should then be received by all parties.
Adding a new tenant to an existing tenancy agreement and other landlord issues are all explained on our website www.tpsb.co.uk/blog. Take a look today.
Do you have any questions about the topic above? Our team of experts is here to help in answering any query you may have.
Fueled by his desire to be the best, most reputable estate and lettings agent in town, Steve has spent his career cultivating The Property Shop. Steve prides himself on his authenticity, honesty, and knowledge-base which is emulated by The Property Shop and his team.
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