Removing joint tenant from rolling AST

[cjocjo]

Hi. Hope you can help me.

I live with my wife, child and disabled adult brother in law (A).

A and myself are in a joint AST. The fixed term has ended and it is rolling.

My wife is not on the lease (as she has poor credit history and does not have an income and it would have affected our ability to obtain the tenancy). She is a permitted occupier.

Due to A's condition he is having to move out and we need to remove A from the joint tenancy so that he can take up a new tenancy.

I wish to remain in the property and carry on the tenancy as normal.

I am a professional with decent credit history and sufficient salary to cover the rent. I still have the same job that I had when I started the tenancy. Nothing has changed.

First issue is that my letting agent wants to charge A a £25 fee for providing a reference to his new landlord? Is this fair and reasonable?

Secondly, the letting agent wants me, and my wife, to start a brand new tenancy and for us both to go through the whole referencing process again- with all the fees that go with it!

Is this correct?

What is the most efficient and cheapest way to remove A from the joint tenancy?

I appreciate your time and help.

[jpkeates]

What the agent is proposing (ignoring the fee element) is the best solution.
The current joint tenancy ends and a completely new one begins - with any issues with the "old" deposit sorted and the deposit returned and a new deposit protected.
There isn't really any other way to remove a joint tenant other than ending the tenancy.

Your wife doesn't have to be on the AST necessarily, she could presumably continue to be an occupant as now.
Which would mean you would be the only tenant.

Fees for providing a reference, at £25 that sounds not as bad as it could be.
The fees for the referencing and creation of a new tenancy would be in line with the amount of work for any new tenancy (i.e. probably outrageous and they'll charge the landlord too).
But inevitable until June 1st, when they're banned.

[leaseholder64]

It is correct that you really need a new tenancy. The advice, given here, is that any attempt to remove or replace a tenant in a joint tenancy is inadvisable.

It is really up to the landlord as to the referencing process, although I can't see why they want new references. They may well want a new credit check.

Except under some council licensing schemes, landlords are not obliged to give references, so it seems to me that they can charge someone for them. It will soon be illegal to charge the prospective tenant, but isn't illegal yet.

[MdeB]

It is correct that you really need a new tenancy.

Not necessarily so. You could just continue on the periodic tenancy with you and A as named tenants.

landlords are not obliged to give references, so it seems to me that they can charge someone for them. It will soon be illegal to charge the prospective tenant, but isn't illegal yet.

I think that charging to write a reference for a new agency/landlord will not be illegal under the Tenant Fees Act, as it is not to do with the tenancy provided by the LL/agent that is charging.

[jpkeates]

Not necessarily so. You could just continue on the periodic tenancy with you and A as named tenants.

It would have issues with any benefits though.
I think that charging to write a reference for a new agency/landlord will not be illegal under the Tenant Fees Act, as it is not to do with the tenancy provided by the LL/agent that is charging.[/QUOTE]
It's not a permitted payment, so it will be banned.
They could charge the new landlord/agent, though.

[MdeB]

It's not a permitted payment, so it will be banned.

Oh yes, S1.(6)(f) and S 2.(5)(e)