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Changing the names on the rental agreement is possible, provided you follow the appropriate steps. It's not as easy to switch housemates as asking one to move out and another to move in. The landlord has to give permission, and the lease has to be updated or a new one drafted to reflect the new tenants.
Assignment and sub-letting. Assignment is the legal term for when a tenant transfers their whole interest in a rental property to another person. For example, if a tenant signed a 12-month tenancy agreement (lease) but decided to leave after 6 months, they could get another person to move in and take over their lease.
What Is a Lease Takeover? A lease takeover, also known as a lease assignment, occurs when a new tenant takes over the remaining term of a departing tenant's lease, with the approval of the landlord.
Landlords can refuse consent if the proposed new tenant cannot provide good references or has no previous trading history. However, the landlord may give consent subject to conditions (but any conditions must themselves be reasonable.) Of course the tenant may not agree with the landlords reasons if consent is withheld.
Most leases require the consent of the Landlord before the lease is transferred. When a transfer of lease is prepared, through an agreement called 'Deed of Consent to Assignment of Lease', both the current Tenant and incoming Tenant are required to sign, as well as the Landlord.
Unfortunately, if you're a renter, you can't remove someone's name from your lease. That means if your roommate or ex wants to stay, or keep coming back periodically, and leave their belongings, there's nothing you can do. Your landlord is under no obligation to remove your roommate's name from the lease.
Changing the tenancy agreement A tenancy agreement can normally only be changed if both you and your landlord agree. If you both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.
Most private tenants will only be able to pass their tenancy on to someone else if the landlord agrees to this. The landlord will set up a new tenancy agreement. If a protected tenant dies, someone who was living with them may be able to inherit the tenancy.
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