End of residential tenancy agreement

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    End of residential tenancy agreement

    Hi all,

    I am currently in a tenant with a shared tenancy agreement of which the end date is approaching. I do not want to renew the contract but the rest of my flatmates do want to renew. I have given the letting agency notice well beforehand but they say I still have to pay £50 changing of sharer and £75 for safety checks. They argue that it is one contract with all our names so there would be no charges only if all of us would not want to renew and would let the agreement run out. Can someone give me advice on 1) if it is legal to charge changing fees in my case and 2) if someone ever heard of safety fees and in which case they are allowed to be charged?

    Anything would be appreciated. Thank you in advance.

    Kind regards,

    Pim

    #2
    1 - Yes it is legal, but see below.
    2 - Yes if the tenancy began before 1st June 2019, no otherwise.

    Your option is to (either threaten to or actually) let the tenancy go periodic at the end of the fixed term (decline to sign any renewal or "extension").
    When the tenancy is periodic, you can serve notice which will end the tenancy for all of the occupants, not just you.

    It isn't really a viable solution to change a tenant in a joint and several tenancy - it's something letting agents have dreamed up and usually get wrong.
    It doesn't usually go totally wrong until the whole arrangement comes to an end.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      When the tenancy is periodic, you can serve notice which will end the tenancy for all of the occupants, not just you.
      That notice (assuming monthly rental periods):
      • cannot be given earlier than the second day of the periodic tenancy (i.e. on or after the second day after the last day of the fixed term).
      • Must end on the last day of a tenancy period.
      • Must be at least one month from date of service.
      e.g., if the fixed term ends 1 February, then you can serve notice 3 February to 29 February to end the tenancy 1 April.
      Probably best to send it by 25 February to allow time for delivery.

      Something like:
      <Agent Name>
      <Agent Address>
      <date>

      I hereby give notice to end the tenancy of <address> on <date.>.

      <signature>
      <name>
      <address>
      See also https://england.shelter.org.uk/legal...o_quit_tenants

      Comment


        #4
        Thank you both for your quick and clear response.

        So it seems I can only avoid the change of tenant fee if I let the tenancy agreement run out without renewing? However, doesn't this put my roommates at risk of losing their agreement? I guess it doesn't make sense for the agency to throw away perfectly fine tenants and go look for new ones but I want to avoid crossing them for £50.

        Comment


          #5
          The fees dont sound excessive and I'm not sure they would breach the TFA anyway as the Agents are allowed to charge their costs where the tenant wishes to end the agreement early. However, if you think you will struggle to meet these costs you could ask the agent to compromise in light of the information jpkeates has given you.

          Comment


            #6
            Originally posted by pverschu View Post
            I guess it doesn't make sense for the agency to throw away perfectly fine tenants and go look for new ones but I want to avoid crossing them for £50.
            Then discuss the situation and options with your co-tenants and reach a mutually-agreeable way forward.

            Comment


              #7
              It is likely your other flatmates will be offered a new TA with new Terms etc.if they can replace you.

              Comment


                #8
                Originally posted by DPT57 View Post
                The fees dont sound excessive and I'm not sure they would breach the TFA anyway as the Agents are allowed to charge their costs where the tenant wishes to end the agreement early.
                This is not about leaving early; it is about not signing a new agreement at the end of the fixed term.

                Comment


                  #9
                  Originally posted by MdeB View Post

                  This is not about leaving early; it is about not signing a new agreement at the end of the fixed term.
                  Sure, but the agent was talking about fees to change the sharer. I agree, though that the OPs best option if the agent wont play ball is to let the tenancy run out and then serve notice.

                  Comment

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