Question regarding lease

Laneyh

Hi

Apololgies in advance if this is a little rambling.
I viewed a property with a friend last week, this is a 2 bed property advertised through a letting agent.

All was well with the property, it's in an area where there isn't much available and a lot of demand.

I put a holding deposit on the property to secure it.

All fine so far, yesterday my friend told me she had a job interview in a different part of the country.

She will hear back from her perspective employers within the next two weeks.
However, I obviously now don't know whether she is in a position to sign a lease and move in to the property.

The holding deposit is non-refundable which is fair enough.

I was planning to proceed with the letting agent anyway.
My question is if I take on the lease as the sole tenant is it likely this can be amended at a later point or would I be stuck as the sole tenant ?

It's a bit pricey for one person

djimi

You need to run this by the landlord first. The landlord has no obligation to amend the lease to allow you to sublet (although refusing to allow a sublet would mean you could terminate the tenancy without penalty), however if you explain the situation then they might be open to allowing you to find another tenant at a later date.

I suppose the obvious question would be regarding your ability to pay the rent on your own; the landlord might not want to take that chance if there were originally supposed to be two of you renting.

odds_on

You need to establish if the deposit is refundable if you don't take up the offer of the property - if you don't want it.

Your frien may not get the job she is hoping for - I'm sure there were a lot of applicants and only one position.

If you both sign the lease and she does happen to move, she has the right to assign her part of the lease to someone acceptable to the landlord.

If you want the property and she does not want to sign the lease, the landlord will want to ensure you have the finance to pay until the lease expires.

You should check with the landlord to see if he would agree to you having a licensee / lodger (there would be no sub-let in this case) to fill the space.

If you are the only person to sign the lease, the full rent is payable by you and if someone is "added" to the lease then this would constitute a new lease agreement unless there is provision for it in the first lease.

IMHO, your best bet is that both of you sign the lease and if she does move, then get an assignment to replace your friend, especially if it is a decent property in a good location.

Laneyh

odds_on wrote: »

You need to establish if the deposit is refundable if you don't take up the offer of the property - if you don't want it.

Your frien may not get the job she is hoping for - I'm sure there were a lot of applicants and only one position.

If you both sign the lease and she does happen to move, she has the right to assign her part of the lease to someone acceptable to the landlord.

If you want the property and she does not want to sign the lease, the landlord will want to ensure you have the finance to pay until the lease expires.

You should check with the landlord to see if he would agree to you having a licensee / lodger (there would be no sub-let in this case) to fill the space.

If you are the only person to sign the lease, the full rent is payable by you and if someone is "added" to the lease then this would constitute a new lease agreement unless there is provision for it in the first lease.

IMHO, your best bet is that both of you sign the lease and if she does move, then get an assignment to replace your friend, especially if it is a decent property in a good location.

Thanks, the deposit is definitely non-refundable. I will forge ahead with the rental. I do have the means to pay the full rent if necessary but I'm hoping my friend will sign. It's a bit messy but that's life I suppose

runawaybishop

Laneyh wrote: »

Thanks, the deposit is definitely non-refundable. I will forge ahead with the rental. I do have the means to pay the full rent if necessary but I'm hoping my friend will sign. It's a bit messy but that's life I suppose

Friends and money don't mix well. She really should be signing the lease. If she does not you need to be fully prepared to have to pay all the rent yourself until the lease expires or you can reassign.