Process for changing tenants when contract expired

10-10-20

I hope one of more of you can advise on this query I have.

We rented out an apartment to a couple about 4 years ago. About 2 years ago, the couple split and one of them left the country at the end of their rental contract period.
We renewed the contract with the remaining party (he was keen to stay) and he was keen to get more people to move into the apartment to split the bills etc… Anyhow, as he signed the new contract with us and we retained his half of the deposit; we advised him that he needed to search for suitable people to move in with him.
So he did and we got contracts & deposits from the new parties. All was OK till last week.

Anyhow, the students in the apartment have been troublesome to get rent out of and have lied to us a number of times about delays etc. That aside, they are leaving now but the original guy who has the contract with us has started demanding that we get suitable replacements for the two who left.

What we are wondering is, what is the normal process for replacing tenants when there is an incumbent already living in the house? Should this be performed by the owners or by the tenant?

The_Conductor

To be quite honest- it sounds like its more trouble than its worth. Personally- I'd serve statutory notice on the original guy and let out the whole apartment to new tenants. Its very difficult trying to persuade people to move into a house share in an apartment- as you have discovered. Students are now gone for the summer- and won't be around for some time to come.

Normally the situation would have been that the original guy would have sublet the apartment to other tenants, with your approval, and been responsible to paying the rent ontime along with any bills etc (and he in due turn would extract the share of the money from the other tenants himself. This would incentivise him to ensure that he got reasonable tenants in (if he wanted to stay there himself that is).

The apartment was let as a unit- somewhere down the line you've muddled it into a series of sublets.

If the guy wants to stay there- he rents the whole place and organises acceptable tenants himself. If not- serve statutory notice, and get new tenants for the whole apartment yourself........

10-10-20

Hi, thanks for that. I think I have a better idea of how this works now. I might come back with further questions.

One which strikes me is the following: Who registers the new tenants with the PRTB? Him if he sub-lets?

The_Conductor

Well- you are renting to him- and his is the only name on the lease- so your obligations are directly to him. He in turn is subletting to a number of other parties (with your acquiesance), so he has obligations towards them.

Its messy as hell- and unless you are specifically in the market of trying to split the apartment up between a number of different people- from your prospective, the best bet is to give him two options- he is the sole tenant from your perspective, and pays the going market rate for the apartment (as a whole unit). Alternatively you give him his statutory notice and rent the apartment as a whole unit.

You got yourself into a situation when his relationship broke up- but thats his issue, not yours. If he wants to stay- its up to him to accept that you are renting the apartment as a single unit, fullstop.

the_syco

smccarrick wrote: »

You got yourself into a situation when his relationship broke up- but thats his issue, not yours. If he wants to stay- its up to him to accept that you are renting the apartment as a single unit, fullstop.

Word or warning: if you don't do this, and you get the other tenants in, he may try to get a "per room" basis going. If this happens, and the other tenants move out, he'll be a lot harder to shift, and he'll be paying a lot less, so you'll be the one doing all of the donkey work.