Yes, you can switch mid-tenancy
Your tenancy agreement is between you and your tenant. Your agent acts for you, but it isn't a party to the tenancy. So when you change agent, the tenancy just carries on. The tenant, the rent and the terms all stay as they are.
What needs care is your contract with the current agent, and the handover of the documents, the deposit and the rent.
Step 1: read your current agent's terms
Before you tell your agent anything, dig out your terms of business with them and look for:
- the notice period, and how notice has to be given
- any fee for ending the agreement early
- any clause that keeps charging you for as long as the tenant they introduced stays, even after you leave
- what they'll charge, if anything, to hand over documents or transfer the deposit
If a clause looks unfair, get advice before you sign anything new. When you know your position, give notice in writing and keep a copy.
Step 2: get everything handed over
Ask the outgoing agent to hand over the full file. At the very least, you want:
- the signed tenancy agreement
- deposit details: which scheme, the certificate, and the prescribed information given to the tenant
- the inventory or check-in report, with photos
- the current gas safety record, electrical safety report (EICR) and energy performance certificate
- your property licence, if the property needs one
- right to rent check records
- proof the tenant was given the government Information Sheet
- the rent account, any arrears, and the maintenance history
- all keys, and the tenant's contact details
A missing document tends to cause trouble later on, at the end of the tenancy or when you need possession back. Changing agent is a good time to spot any gaps and put them right.
Step 3: keep the deposit protected
The tenant's deposit has to stay protected in a government-approved scheme throughout. If it moves to a different scheme, it must be protected again and the tenant given the prescribed information again within 30 days.
It's easy to get wrong, and mistakes here are expensive. A tenant can claim up to three times the deposit if it isn't protected properly. Before the changeover date, agree with both agents exactly how and when the deposit will move.
Step 4: tell your tenant and move the rent
Write to your tenant before the changeover date with:
- the date the new agent takes over
- the new bank details for rent, and the date to start using them
- who to contact for repairs and emergencies
Ask the outgoing agent for a final rent statement and for any of your money it still holds. Then check the first rent payment actually reaches the new agent.
How we take over a tenancy
We take over tenancies for landlords across Birmingham. We go through every document and sort out anything that's missing, then move the whole file onto our systems. From your first day with us, you know where the tenancy stands.
Taking over a tenancy that's already running: checking every document, fixing what's missing, and moving the file onto our systems. The £75 is only charged for each problem we actually put right.
Once it's taken over, we manage the tenancy on our standard managed terms:
Advertising and finding the tenant; referencing; setting up the tenancy; collecting the rent every month; arranging repairs with our contractors, up to £250 per item without needing to ask you; tracking certificates and deadlines, with reminders; keeping the paperwork right as the rules change; your landlord portal for statements, documents and maintenance.
If you'd like to know what shape the paperwork is in before you move, book a free Tenancy Health Check, or see all our fees.
