This document is intended to aid any group or individual that has a situation within their group meaning that someone wishes to leave the tenancy.
You are signed to a joint and several lease, which means that if one member of the group fails to pay their part of the rent, if falls to the other members for payment. However we try to mitigate this responsibility by collecting parental guarantors who are guaranteeing to pay the rent for that one person within the contract.
If someone is leaving a group they will still be party to the lease until the original lease ends. When a new person replaces them in the house, the new tenant will be a subtenant of the group; this means that the group will be their landlord (including the tenant who is leaving).
If the subtenant fails to pay rent (again a guarantor should be in place) it will then be the responsibility of the original group to ensure payment is made - including the tenant who they have replaced.
What to do if a tenant is leaving your group?
First of all, speak as a group and discuss any problems that have arisen and if they can be resolved. Agree on a plan of action. Who would you like to replace the tenant i.e. undergraduate, postgraduate or whether you know any.
Please be realistic, if you are changing in May, June or July specifically looking for type of tenants whether that be on gender, college, course or interests will severally reduce your odds of finding someone.
Consult on who will do viewings (see price list attached if you require Bill Free Homes to do the viewings). Once you have found a suitable candidate, ensure all parties to the agreement are happy. Send Bill Free Homes the details of the new tenant, a new tenancy agreement will be created for all parties to sign.
It is tenant’s responsibility to ensure the new subtenant pays a deposit and signs a guarantor form, as this is in their best interest.
NB - if a tenancy has yet to begin, it may be possible to replace a tenant on the joint and several lease, therefore removing all responsibility from the tenant wishing to leave. However all parties must be consulted and in agreement, including Bill Free Homes.
If for whatever reason a tenant is unable to take up their place in a house to which they have contracted to we would ask that we are informed immediately.
We will do all we can to mitigate the loss of that tenant loss but it is not our legal responsibility to do so we do this as we are responsible landlords. In the case of a joint and several lease with other tenants the outgoing tenant will still remain responsible for the terms and conditions of the lease until its expiry and the person who moves in will be a sub-tenant of the original group however they will be paying the rent in order to mitigate the loss of the outgoing tenant. Your deposit will be returned at the end of the tenancy.
If it is an individual tenancy we may be able to release the tenant from their obligations on finding a suitable person of equal standing who can prove that they can pay the rent and meet the conditions of the lease.
In this case the balance of your deposit will be paid within 14 days following your submission of bank account details.
To re-let the room there are costs attached:
(1) These will be limited to 4 after which we will seek advice from you to proceed with more.
(2) This is a legal requirement if a deposit is taken which we would strongly advise.
Should the outgoing tenant wishes to undertake advertising and viewings themselves then no charge will be made however we must protect the deposit and draw up the lease.
These costs will be taken from the deposit provided or if no deposit is in place be payable before the lease is drawn up.