Tenant moving out temporarily

Hi,

My tenant is looking to go back home for medical treatment. This would only be for 3 months and they have a friend who could move into their accommodation.

Do I need to change the lease to the new occupants? And then again when the existing tenant moves back?
What about the RTB?

dublinaam said:

hey have a friend who could move into their accommodation

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I would have concerns; too many points of failure here.

Better to negotiate something with your current tenant; can they pay say 50% of the rent for the three months & the remaining 50% over the next say six months.

dublinaam said:

Do I need to change the lease to the new occupants? And then again when the existing tenant moves back?
What about the RTB?

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It sounds like a sublet by agreement - so its between the tenant and the subtenant. Your only concern is that the rent gets paid and that is the tenants responsibility.
If the original tenant decides they don't want to come back you can start a fresh lease with the subtenant if you so wish.
Current rules are that a tenant can sublet but must have the permission of the landlord.
I get your position - you really don't want to turf out a tenant for being sick, and yes it is a risk. The main risk being that the tenant might think that having someone else there absolves him of the responsibility of paying rent while the subtenant might think of pulling a fast one. Technically the tenant should be paid the rent and in turn pass it on to you, but if the arrangement is to pay you directly then that reduces the risk to you. There would still remain the small risk of a dispute between them once the tenant decides to return.

dublinaam said:

This would only be for 3 months and they have a friend who could move into their accommodation.

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That’s sub-letting, I would look to end the tenancy and add newbie to RTB register for the house

I would be concerned that the old tenant did not sue you for illegal eviction if the temporary tenant refused to move out on time. (But I am very risk adverse.)

Allen said:

(But I am very risk adverse.)

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You absolutely 100% have to be with Residential investment properties. The risk is all yours, do not expect any lattitude or fair play when it comes to cases taken to RTB. Go into this half cocked and you will be skinned alive.

You need to cover yourself. I do not allow sublets. I don't wish to have some random person taking over my property.

This case is different, a good tenant with significant health issues, of course I want to oblige but what's the risk to me?

I'll mitigate by meeting them, If they're OK then agreements covering the arrangement abound. This will involve solicitor with experience in this area and the cost is for the tenant here. I need to be fully covered legally. End of story.

In these circumstances, I would go for an assignment of lease to the temporary tenant. This would mean that all of the rights and obligations transfer over to the new tenant . As landlord you would have to do your homework on this person and look at their financial situation, et cetera.

The existing tenant would have to trust both you and the temporary tenant to facilitate the assignment of lease back to him after three months.

As a landlord, I wouldn’t facilitate a sublet. I would want the relationship directly with the person occupying the property.

Dr Strangelove said:

The existing tenant would have to trust both you and the temporary tenant to facilitate the assignment of lease back to him after three months.

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Therein lies the rub.

Where is the friend currently living and where will they be living when your tenant comes back? This is what would concern me. That they won't be able to leave at the end of three months and there will be a dispute etc.