Lettings Agency isn't letting us change tenants

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Lettings Agency isn't letting us change tenants

    Hi,

    I'm a student living with three other students and recently one of the other residents and I have decided that we want to move out. However, the lettings agency isn't letting us change the tenants. They said that the reasons behind this were:

    A legally enforceable document has been signed which remains in force until the end of the Term as detailed in the Tenancy Agreement.
    As this is a legally binding document there is no obligation on the Landlord to agree to amend or change the Terms of the Agreement.
    The parties of the Agreement are contractually bound by the Terms and obligations of the Tenancy Agreement.

    We have now had permission from the landlord but they're still refusing to help in anyway simply stating that they 'don't do changeovers'. The landlord has said that in the past some of his tenants has switched over so I know that this is not the case. It doesn't say anything about not being able to change tenants anywhere in the contract and it even goes as far as to say this:

    Agree that if this Tenancy is created following a change of Tenant at the Property all Tenants, including those Tenants, agree to accept all liability and responsibility for the condition of the Property....

    Is there any action that I can take? The current plan is for the other person leaving and their mum to go in to talk to the agency but is there anything that they should say or do? Or anything that can be done in the meantime?

    Also, I went in to their branch one time and they told me in detail what I could do to do this, so they definitely have a procedure for this!

    Thanks!

    #2
    If the landlord is happy with your proposal then get him to instruct the agents accordingly. Obviously this is extra paperwork so may carry extra fees.

    Comment


      #3
      What you can do with or without the landlord / agent's consent/permission depends on the type of tenancy.
      What does your tenancy agreement say (does it say it's an Assured Shorthold Tenancy for example).
      If you could answer the questions here, it might help us help you.
      http://www.landlordzone.co.uk/forums...ll-new-posters

      However, the agent works for the landlord and should do what he tells them.
      The agents, in turn, might simply make the fee for the work so outrageous that he changes his mind.

      The agents will have a procedure for such a change, even student tenants sometimes die or simply go home.
      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


        #4
        Originally posted by elt48 View Post
        The current plan is for the other person leaving and their mum to go in to talk to the agency but is there anything that they should say or do?
        What a great plan. Do you also get your mum to change your nappies?

        It's very simple:

        (a) it may say in your lease somewhere that you can change tenants. Does it? If so what does it say?
        (b) your landlord may have confirmed he's happy with this - in writing. Do you have this? If not can you get it in writing?
        (c) If both (a) and (b) are a no then I'm afraid you will remain liable until the term of the tenancy agreement is over. What is the term and how much down the line are you? Are we talking a couple of weeks or 10 months of a 12 month term?

        Comment


          #5
          There are three possibilities which apply to all types of fixed term tenancies:

          1. The lease/tenancy agreement says nothing about assigning the lease. If that is the case the tenant can just get on and assign without referring to the landlord or anyone else.

          2. The lease/tenancy agreement says the tenant may assign with the landlord's consent. In that case the landlord must not unreasonably refuse or delay consent.

          3. The lease/tenancy agreement says the tenant may not assign. If that is the case the tenant may only assign with the landlord's consent which may be withheld for any reason.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            There are three possibilities which apply to all types of fixed term tenancies:
            Yet again you're legally absolutely right, but in reality it is totally useless information - because I've not seen a single AST, student letting agreement or anything else which does not prohibit assigning or subletting outright.

            Hence my starting point was your point 3 - which I would say is for all reasons of reality the proper starting point.

            Comment


              #7
              mattl,

              It is not useless information as the OP has not told us exactly what is in his agreement. What he has said implies that there is no prohibition. Whatever the position, my answer covers all the possibilities. It was also necessary to correct post 4 which says that a tenant can only assign if the agreement says he can.

              Comment


                #8
                If it makes you feel any better, why not...

                Comment


                  #9
                  Originally posted by mattl View Post
                  If it makes you feel any better, why not...
                  What's with the attitude?

                  While it is true that the majority of tenancy agreements contain clauses re. subletting and assignment, the "proper starting point" should be to check the agreement in order to be sure of what it says instead of assuming what it says.

                  Comment


                    #10
                    It's not a matter of attitude, it's a matter of realism. If we want to play it that way, why would lawcruncher assume in post # 5 that there is a fixed term tenancy? Maybe they haven't got a tenancy agreement and are mere lodgers? Maybe they aren't in a fixed term but in a rolling agreement?

                    Don't get me wrong, I'm happy to argue for the pure sake of it and I'm happy to show off that I know the legalities of tenancies, but it is a bit silly to take issue with one particular assumption whilst making a number of others. That's why I said his additional two points (whilst legally correct) didn't bring much to the topic. If you all feel differently then so be it.

                    Nuff said for this from me. Happy debating.

                    Comment


                      #11
                      Originally posted by mattl View Post
                      why would lawcruncher assume in post # 5 that there is a fixed term tenancy?
                      I was not making an assumption, but limiting the comments to fixed term tenancies because the position with regard to periodic tenancies is a bit different. The first post indicates that we are dealing with a fixed term and mentions an agreement.

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post

                        3. The lease/tenancy agreement says the tenant may not assign. If that is the case the tenant may only assign with the landlord's consent which may be withheld for any reason.
                        OFT365 sugests that the clause outlined in (3) is an unfair contract term.

                        @OP Do you have replacements lined up? ie. Do you wish to switch tenants or do you just wish to leave the property?

                        Comment


                          #13
                          Originally posted by Ryan28 View Post
                          OFT365 sugests that the clause outlined in (3) is an unfair contract term.
                          More accurately: The OFT was of the opinion that such term might be an unfair term.

                          Comment


                            #14
                            Originally posted by mattl View Post
                            Yet again you're legally absolutely right, but in reality it is totally useless information
                            I would suggest that you learn to express your opinion in a way that doesn't come across as rude and facile.

                            Comment


                              #15
                              Originally posted by westminster View Post
                              I would suggest that you learn to express your opinion in a way that doesn't come across as rude and facile.
                              Welcome back!

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X