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Finding a replacement tenant – Guide

Welcome to Central Properties guide on finding a replacement tenant.

Please understand that you cannot simply say; I’m leaving the house on???? And I will be cancelling my future rent payments. THERE IS A PROCEDURE THAT YOU MUST FOLLOW!

For those tenants who wish to terminate their tenancy agreement before the “FIXED TERM” of their tenancy agreement has expired, this can only be done with the landlord’s permission and this will usually involve the signing of a new tenancy contract with a suitable replacement tenant and guarantor.

YOU MUST CONTINUE TO PAY ALL OF YOUR RENT UNTIL A NEW CONTRACT IS SIGNED!

1) Your “FIXED TERM” ends on the date specified in your Tenancy Agreement (so read your tenancy agreement)

2) A suitable replacement tenant is a person/s who the landlord has deemed to be acceptable after an application process has been completed. This can involve obtaining references, credit checks and a suitable guarantor. Under no circumstances must you let a replacement tenant into the property before they have signed a new tenancy agreement and do not give them any keys to the property.

3) If you have taken the property as part of a “GROUP TENANCY AGREEMENT” then you will also need to make sure that the rest of your group are happy to sign a new tenancy agreement as they will be signing this new tenancy agreement with this new person/s. The new tenancy agreement will mean that all persons who sign the agreement will be “jointly & severally liable” for all costs associated with that tenancy. For this reason it is necessary and advisable that the existing tenants actually meet and talk to any prospective tenant/s. The existing tenants really need to check out the new prospective tenant and it is STRONGLY advised that they make extensive enquiries about the new replacement tenant and their guarantor for their financial status. Existing tenants are advised to carry out independent credit and reference checks to satisfy themselves that this person will be a good member of their group. Please do not rely on the landlord carrying out these checks for you, we may carry out these checks as well but we are doing so for our protection only. Please search “tenant referencing checks” on the internet for further advice but as a minimum we would advise that you see copies of their bank & credit card statements along with a previous landlord reference. This is your choice of replacement tenant and not the landlords; if the tenant does not pay you will be responsible for their debt!

4) Please note that all property viewings will have to be carried out by the existing tenants or the person/s who wish to leave the tenancy agreement. The landlord will not be carrying out these viewings as it is your responsibility however we will try and assist you where possible.

5) Can existing co tenants of a group tenancy agreement please be aware that it is in your interests to HELP TO FIND a suitable replacement tenant for the person/s who are leaving your group tenancy agreement, as each one of you are currently liable for any unpaid rent or tenancy charges from the person/s who wish to leave your tenancy agreement. Please do not assume that the landlord will pursue only the debtors guarantor for unpaid debts, the landlord will pursue ALL TENANTS & GUARANTORS. You can refuse prospective tenants that are put forward to you from the exiting tenant but you must be reasonable in your decision as to why. If you are a student you may want to contact the Manchester Student Homes for advice.

6) When a tenant/s of a group tenancy agreement, wishes to leave the tenancy contract it is advisable for all of the tenants to hold a house meeting where everybody is present so that you can discuss as a group, how each of you intends to find a suitable replacement tenant.

7) Please check how any new tenant will affect the council tax charges for your property, if the new tenant is a working person or becomes a working person then council tax charges will apply to the property and then all of the tenants will be “jointly & severally liable for this council tax charge.

8) Please let the Landlord know in writing, as soon as possible if a tenant/s wishes to leave the tenancy agreement as we can start to re advertise the property or spare room to prospective tenants who contact us. We have lots of people contacting us all the time and quite often from our own let properties. We will also offer you guidance on how to re advertise your property/room and will provide you with a list of places to advertise.

9) Any new tenant will need to pay their share of a group security deposit and provide a suitable guarantor.

10) Please note that any kind of tenancy administration fees/tenancy renewal fees are now illegal and cannot be charged separate to your rent under the Tenancy fees act 2019. The landlord must now include all administration costs within the rent. So where a replacement tenant is found and the existing tenants request that this new tenant is included into a completely new tenancy agreement that everyone will sign then the landlord will increase the rent on this new tenancy to reflect the administration charges that will be incurred. The extra rental increase that will be included and spread over the new fixed term of the new tenancy will be based on the following administration charges:

A renewal tenancy agreement will have a MINIMUM charge of £200.00 for a 3-person let or less, with the addition of £20.00 for each extra tenant above 3 persons.

This means that the existing and new tenant will be paying an increase in their rent due to the departing tenant.

Note that if the tenancy continues after the end of the fixed term and becomes a contractual periodic tenancy then the rent shall remain at the same price and will not be lowered.

11) PLEASE TALK TO EACH OTHER, AND TRY TO RE ADVERTISE THE ROOM/ PROPERTY ASAP!!!!!!!!!!!!

The following information will offer some useful pointers of where to place advertisements:

1) Make sure to tell your friends/class room students as this kind of word of mouth advertising is free and very effective. Quite often other student friends will want to move property for lots of varying reasons and this could be beneficial to both parties. A quick post on your Facebook page that your friends can share will useful.

2) Put advertisements up inside your university and on the notice boards you are allowed to use.

3) Place an advert with the Manchester Student Homes on their property website. (Make sure to tell them that you are a student)

www.msh.man.ac.uk Telephone: 0161 275 7680

4) Advertise on the student internet notice board of the Manchester Student Homes website msh.man.ac.uk

5) Advertise on various student websites, such as Accommodation For Students. accommodationforstudents.com

6) Advertise on manchester.gumtree.com

7) Place adverts in various newsagents’ windows in Fallowfield and Withington. (It is advisable to put adverts for up to 5 weeks at a time).

8) Homes4U Accommodation Agency (Manchester) homes4u.co.uk    0161-236 0202

9) Homes4U Accommodation Agency (Withington) homes4u.co.uk    0161-448 0090

10) Phillip James Partnership  phillipjames.co.uk    0161-434 5007

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