Guide to tenant swaps: Landlord and tenant responsibilities

Click to read Guide to tenant swaps: Landlord and tenant responsibilities  

A tenant swap is where one or more tenants leave and new tenants join during an ongoing tenancy. This is very common in joint tenancies, especially in shared houses and student lets. This guide explains the key steps and responsibilities for landlords, incoming and outgoing tenants.

It’s important for both landlords and tenants to understand the importance of handling the process properly. If the paperwork or evidence of condition is outdated (or not correctly referenced), everyone risks running into problems at the end of the tenancy, particularly around deposit deductions and knowing who’s responsible.

Why is a tenant swap process important?

Joint tenants are generally jointly and severally responsible, meaning all remain fully responsible for rent and condition. If a new tenant joins without proper documentation:

• they may unknowingly become responsible for damage that occurred long before they moved in
• a landlord may struggle to make fair deposit deductions later if they’re unable to show who was responsible for what
• disputes may arise at the end of the tenancy because the check‑in evidence was not confirmed with all current tenants

Good paperwork and clear agreement can prevent these becoming an issue for everyone.

What do landlords need to consider during a tenant swap?

• Decide whether to complete a full check-out inspection and a new check-in report

It is an option to complete a check-out report when one or more tenants leave and make any reasonable deposit deductions, at this time. A new check-in report would then need to be completed, and new deposits paid by the remaining/additional tenants.

Many landlords choose not to complete full inspections every time a tenant swap occurs because of time and cost. If you choose not to carry out new inspections, then you must protect yourself with the correct wording in your paperwork.

• If no new inspection is carried out, you should make sure:
• the new tenancy agreement (or updated agreement) includes a clause making it clear that all current tenants agree to the original check-in report
• the clause must include the original check-in report date, such as: “The tenants confirm they have been provided with, and agree to be bound by, the original inventory and check‑in report dated [insert date]”
• you actively show this clause to the incoming tenant(s) and it is best practice to put this clause in a separate section in the agreement, for example, under ‘Special/Additional clause’ section
• the tenant(s) have all received or have access to the check-in report and confirm they have seen it, in writing
• if you choose not to amend the agreement, you can create a separate written statement confirming that the incoming tenant(s) agrees to rely on the original check‑in report – this should be signed and dated by you and the incoming tenant(s)

Doing this will make sure there is no confusion about what documents will be used at the end of the tenancy when discussing any proposed settlements.

What do tenants need to know?

Before agreeing to join a tenancy, incoming tenants should always:

• ask for a copy of the original check in report before agreeing to be bound by it
• review it carefully, checking for any existing damage or cleanliness issues that they do not want to be held responsible for

If you notice incorrect information, or missing key details from before your move in, you should:

• raise this with the landlord or agent immediately, before signing the updated tenancy agreement or deed
• provide written comments or photos if something in the property does not match what is described in the original check in report
• once you agree to be bound by the original check in, you take on responsibility for the end of tenancy condition based on that document so it’s vital you are comfortable with it

Using a Deed of Assignment as an alternative

Sometimes, instead of drawing up a new or updated tenancy agreement, the parties use a Deed of Assignment. This document transfers (“assigns”) the rights and responsibilities of the outgoing tenant to the incoming tenant.

Key points of a Deed of Assignment:

• The incoming tenant(s) automatically take on all the responsibilities from the outgoing tenant
• This includes being held to the original check‑in report as the reference point for the property’s condition
• Even though the law treats the new tenant as stepping directly into the shoes of the old one, best practice is to explicitly say this in the deed. An example is: “The incoming tenant accepts responsibility for the property condition as recorded in the original inventory and check‑in report dated [insert date].

Top tips for staying compliant

For landlords:

• Either complete a new check‑in inspection at each swap or include a clear clause (with the date) in the agreement saying that incoming tenants are bound by the original check‑in report
• Alternatively, use a separate signed agreement confirming this
• Always supply the incoming tenant with a copy of the original report unless there is a new report

For tenants:

• Always request the original check‑in report if you haven’t been given it unless you are provided with a new one
• Raise any concerns before signing a new agreement or deed
• Understand that if you accept the original report, you may be responsible for any changes in condition from that point

When using a Deed of Assignment:

• incoming tenants automatically take on the full responsibilities of the outgoing tenant, including reliance on the original check‑in report
• Best practice: still include this explicitly in the deed to avoid any confusion