Can a tenant change a person in a house share?

Because a joint tenancy legally binds all names on the written contract, you need to update the official paperwork, deposit protection and referencing to make sure everything is above board.

Here are the steps for swapping out a house sharer.

1. Get consent from your landlord

First up, you need to ask your landlord or letting agent for their permission to change one person with another. This must be a formal written request. Include:

• Your address
• The name of the tenant who is leaving
• The name and contact details of the new tenant
• The proposed date for the swap

2. Go through the usual checks

The new person must pass the standard credit, income and background checks – just like the original tenant. As for timings, income and credit checks typically take 2 to 5 working days, while referee response times can be less predictable but often take up to 2 weeks.

3. Enter a new tenancy or use a Deed of Assignment

The new and remaining tenants can all enter a fresh, updated tenancy. But this resets the 12-month clock if the landlord wants to serve a notice to sell.

Also, under the Tenant Fees Act, your landlord or letting agent can charge a fee to assign a new joint tenancy agreement. This is capped at £50 (unless they can prove higher reasonable costs).

Alternatively, a departing tenant can use a Deed of Assignment to give their place to someone else.

4. Protect your deposit

Don’t rush this stage – the outgoing house sharer should only get their deposit back from the Tenancy Deposit Scheme (TDS) or Deposit Protection Service (DPS) once you’ve sorted the arrangement with the incoming sharer and landlord.

Sometimes the incoming tenant pays their deposit to the outgoing tenant, and the agent updates the names on the TDS/DPS before issuing the new tenant with the relevant information.

Whatever way you do it, make sure all the new sharer details are correct and the finances organised.

5. Wait until everything is official before moving the new person in

Although it’s tempting to welcome your new sharer as soon as there’s an empty room, doing so early can breach your contract. Double-check you have permission, the right paperwork and updated deposit protection details. It’s also a good idea to keep a written record of the landlord’s approval in case of any disagreements later on.

Final thoughts

From changes in relationships to people moving area, tenants will inevitably need to swap out people in a house share. By going through the formal process, you can feel confident you’ll follow the rules of your contract and maintain good relations with your landlord or letting agent.