Changing housemates mid-tenancy (planning it safely)

DEALING WITH THE SITUATION

If you're renting with others, it's common for someone to want to leave early, swap rooms, or bring in a replacement housemate. The right approach depends on your contract type and what your landlord/agent will agree to. It's important to plan this carefully so that you don't accidentally end the tenancy for everyone or leave someone liable for rent.

First, check what type of agreement you have. This will either be:

Joint tenancy (one contract for everyone): you and your housemates share responsibility for the whole rent and the condition of the property.

or

Individual contracts (separate contracts per room): each person is usually responsible for their own rent/room.

(If you're not sure, look at your tenancy agreement: does it list all names on one agreement, or separate agreements per person?)

IF YOU HAVE A JOINT TENANCY, YOUR MAIN OPTIONS ARE USUALLY:

Option A - 'Variation / Replacement Tenant':
The landlord (or agent) formally agrees to replace one named tenant with another.
Keep in mind:

You normally need written confirmation from the landlord/agent
You may be asked for referencing for the replacement
There may be admin fees only if permitted under the Tenant Fees Act (2019).

Option B - 'Surrender and re-grant'
Everyone agrees to end the current tenancy and start a new one (often with a new group).
Keep in mind:

This can reset terms and may have deposit / logistics implications
Be careful: ending one tenancy and starting another can change your position, depending on timing and the legal regime in force.

Option C - One person 'moves out' but stays on the contract
Sometimes a housemate leaves physically but stays on the contract.
Keep in mind:

They can still be liable for rent and damage
This often causes disputes later and is usually better avoided unless everyone is clear and what's happening is documented.

IF YOU HAVE INDIVIDUAL CONTRACTS, THE USUAL PATTERN IS:

The person leaving deals with their own contract (notice / break clause. if any)
The landlord may re-let that room to a new student
Your liability is usually more limited - but check if bills or shared areas create shared responsibilities.

AVOID THESE COMMON PITFALLS

Don't assume you can 'swap names' informally. If the landlord hasn't agreed otherwise in writing, the outgoing tenant may still be liable.
Don't rely on a verbal promise from a landlord/agent. Get it in writing.
Don't let a single person serve notice without discussing it (joint tenancies): depending on the rules in force and the tenancy type, it can potentially affect the whole tenancy
Be careful with deposits: changing tenants can create arguments about who gets what back. Agree a clear plan for deposit contributions and deductions.

PRACTICAL STEPS

Find your tenancy agreement and confirm whether it's joint or individual
If you want a replacement tenant, email the landlord/agent asking:
- whether they will agree to a tenant swap / variation
- what checks they require
- what paperwork they will issues, and
- how the deposit will be handled.
Agree in writing within your group:
- the move-out date
- who pays rent until the change is confirmed, and
- how you'll handle any deposit top-ups / refunds.

IMPORTANT: HOW THIS WORKS BEFORE AND AFTER 1 MAY 2026

Before 1 May 2026, most student tenancies are fixed-term agreements. This means you usually cannot leave early unless:

your tenancy agreement allows it, or
your landlord agrees to end the tenancy early.

In practice, this often involves:

finding a replacement tenant, and
agreeing a 'surrender and re-grant' with the landlord/agent.

From 1 May 2026, most private rented tenancies will become open-ended (periodic). This means:

tenants will usually be able to leave at any time by giving at least 2 months' notice.
however, if you are in a joint tenancy, one person giving notice normally ends the tenancy for everyone.

Because of this, surrender and re-grant arrangements are still likely to be used where:

the remaining tenants want to stay, and
a new tenant wants to move in.

So, even after the law changes, it's important to:

speak to your landlord/agent early, and
get any agreement in writing.

If you are unsure, contact the Durham SU Advice Service before agreeing to changes.