Somebody is moving out and somebody else is moving in. The tenants have found the replacement themselves, everyone is happy, and they ask you to "swap the name over".
There is no swapping the name over. What is actually available is two different legal routes with different consequences, and choosing by accident is how landlords end up with an unprotected deposit and a guarantee that guarantees nothing.
Not legal advice. This describes the position in England for assured tenancies.
What the law implies
Section 15 of the Housing Act 1988 implies a term into a periodic assured tenancy that, except with the consent of the landlord, the tenant shall not:
So the default is that nothing changes hands without you. Two exceptions in subsection (3) switch the implied term off: where the tenancy already contains its own provisions about assignment or sub-letting, and where a premium was required on the grant or renewal. Subsection (4) defines a premium broadly, and it includes a deposit of more than one-sixth of the annual rent, which is worth knowing because it is a threshold some landlords cross without realising what it changes.
Subsection (3) was amended by the Renters' Rights Act 2025 with effect from 1 May 2026.
Route one: assignment
The existing tenancy continues and one tenant's interest transfers to somebody else. The agreement, the term, the rent and the deposit all carry on as they were.
What it needs. Your consent, in writing, and a deed of assignment signed by the outgoing tenant, the incoming tenant and usually you.
What it preserves. Continuity, which cuts both ways. The deposit stays protected under the existing protection, so there is no new 30-day clock, but you should update the scheme's record of who the tenants are. History carries over, including any arrears.
Where it bites. The incoming tenant inherits the tenancy as it is, including obligations that pre-date them. And a guarantor who guaranteed the original tenancy may or may not be on the hook after an assignment, depending entirely on what the guarantee says.
Assignment is the tidier route on paper and the rarer one in practice, because it needs everybody in the same place signing the same deed.
Route two: end it and grant a new one
The existing tenancy ends and you grant a fresh one to whoever is staying plus the newcomer.
What it needs. The old tenancy to actually end, a new agreement, and everything a new tenancy needs.
What resets. Everything, and this is the part that catches people:
It is more work than assignment and it is what most landlords should do, because it is clean and because the alternative requires paperwork that rarely materialises.
What you cannot do
Amend the old agreement. Crossing a name out and initialling it does not transfer a tenancy. Nor does an email saying you agree.
Let them sort it out privately. If a sharer moves out and a stranger moves in without your consent, that is a parting with possession and section 15 has something to say about it. It is also the point at which your insurer's view of who is living there stops matching reality.
Treat it as a variation. Adding a party to a tenancy is not a variation of the terms; it is a change to who the tenancy is with.
The half-hour that saves the argument
Whichever route you take, do these in order:
Running a changeover without dropping a thread
A sharer swap touches referencing, the agreement, the deposit, the check-in and the rent schedule in the same week, which is why it is the moment things get lost.
In LetCompliance the incoming person comes through the same application link as any other applicant, referencing runs, the new agreement is generated and e-signed, the deposit and its dates are recorded against the right tenancy, and the rent ledger carries on without a gap. For a shared house, rent is tracked per room, so the changeover is visible rather than folded into a single figure for the property.
Common questions
Can a tenant transfer their tenancy to someone else? Not without your consent. Section 15 of the Housing Act 1988 implies a term into a periodic assured tenancy that the tenant shall not assign, sub-let or part with possession except with the landlord's consent, unless the tenancy already contains its own provisions or a premium was paid.
What counts as a premium? Subsection (4) defines it broadly: a fine, any pecuniary consideration beyond rent, and a deposit of more than one-sixth of the annual rent.
Is assignment better than a new tenancy? Assignment preserves continuity and avoids re-protecting the deposit, but it needs a deed signed by everyone and it carries the old obligations forward. A new tenancy is more paperwork and much cleaner, and it is what most landlords end up doing.
Do I need to re-protect the deposit? If you end the old tenancy and grant a new one, yes, with prescribed information served within 30 days for the new tenancy. On an assignment the protection continues, but update the scheme's record of the tenants.
Does the guarantor still cover it? After a new tenancy, no. After an assignment, it depends entirely on the wording of the guarantee. Read it before relying on it.
2026 UK Landlord Compliance Cheat Sheet
Every Gas Safety, EICR, EPC, deposit and Right to Rent deadline on one printable A4 page. Updated for the Renters’ Rights Act 2025.
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- What blocks a Section 8 / Form 6A possession claim
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Frequently asked questions
Can a tenant transfer their tenancy to somebody else?
Not without the landlord’s consent. Section 15 of the Housing Act 1988 implies a term into a periodic assured tenancy that the tenant shall not assign the tenancy, sub-let, or part with possession of the whole or any part of the property except with the landlord’s consent. The implied term does not apply where the tenancy already contains its own provisions on assignment or sub-letting, or where a premium was required on the grant or renewal.
What counts as a premium for these purposes?
Section 15(4) defines it broadly: a fine, any pecuniary consideration in addition to rent, and a deposit of more than one-sixth of the annual rent. That last one is a threshold some landlords cross without realising it switches the implied term off.
Is it better to assign the tenancy or grant a new one?
Assignment keeps the existing tenancy alive, so deposit protection continues and there is no new 30-day clock, but it needs a deed signed by the outgoing tenant, the incoming tenant and usually the landlord, and the incoming tenant inherits the existing obligations. Granting a new tenancy is more paperwork and much cleaner, and it is what most landlords end up doing.
Do I need to re-protect the deposit when a sharer changes?
If you end the old tenancy and grant a new one, yes: the deposit must be protected and prescribed information served for the new tenancy within 30 days. On an assignment the existing protection continues, but the scheme record of who the tenants are should be updated.
Can I just cross the old tenant name off the agreement?
No. There is no mechanism to transfer a tenancy by amending the document, and an email agreeing to it does not do the job either. The routes are assignment by deed with your consent, or ending the tenancy and granting a new one.
Does the guarantor still cover things after a sharer swap?
After a new tenancy, generally no: a guarantee given for one tenancy does not extend to another. After an assignment it depends entirely on the wording of the guarantee, which is a reason to read it before relying on it rather than after.