• Tenants named on the agreement are responsible for paying the rent even if they have chosen to move out
  • If the outgoing person gives notice, letting agents can draw up a new tenancy agreement for the remaining tenants

There are many misconceptions about tenancy agreements, and a common question that arises is “what happens when the tenancy is in two or more names and one tenant wants to move out?”

In fact, the answer lies clearly in the tenancy agreement – the tenant who has moved out is still liable for their share of the rent at the property where they used to live, unless they have formally given notice.

Harry Singh, letting agent at Henry Wiltshire Hayes, explains more. “Many couples rent homes together, but the relationship doesn’t always last the tenancy,” he says. “If a couple breaks up and one person moves out, that person must give notice or continue to be responsible for their share of the rent. Another example is when grown up children are joint tenants with their parents, but then decide they want more freedom and move out.

Breaching the tenancy agreement

Tenants may require joint income to pass the reference criteria.

Often, the remaining tenants are happy to either find another house mate or shoulder the additional rent. However, without a formal agreement in place, this is a breach of the tenancy agreement.

If there is a change of tenant, it is very important to get a new tenancy agreement made out and signed by the new occupiers,” says Harry. “Having the wrong names on the tenancy agreement can lead to problems further down the line, so landlords, tenants and estate agents need to put a new agreement in place as soon as possible.”

Can the remaining tenants afford to cover the rent?

It’s important to remember that some tenancies are offered on affordability and tenants may require joint income to pass the reference criteria. In such a case, a tenant would not be removed from the tenancy unless the landlord agreed to the amendment.

How do estate agents protect landlords against tenancy breaches?

Clarity in the tenancy agreement is a very important part of protecting landlords against this situation. Tenancy agreements state that all tenants are responsible for the property until the end of the agreed period.

In addition, regular inspections keep lines of communication open between tenants and estate agents, helping estate agents to keep track of who is living in the property.

In the event of a new contract being required, Henry Wiltshire can issue a new one promptly so that the tenants are named correctly.

Let property in Hayes, West London

Harry and the team of letting agents at Henry Wiltshire Hayes are experts in renting property, ensuring satisfactory outcomes for landlords and tenants alike. To let your property in the Hayes area, contact Harry Singh:

See all Letting News >