New tenancy fees

[echeetham]

I'm moving into a friends flat in a few weeks, as one of their current housemates has decided to move out. The estate agents will have done absolutely nothing in finding the new tennant (myself), as it has all been arranged through my friends and myself. All that is required is for me to pay the required deposit and sign the relevant paper work. However, I suspect the estate agency will still attempt to sting me for admin fees. Seeing as they will have done nothing to justify this, are they still legally entitled to do so?

[Esio Trot]

Originally Posted by echeetham

Seeing as they will have done nothing to justify this, are they still legally entitled to do so?

By not doing anything regarding you taking over, they are only doing as much as would be expected: collecting the rent and managing the property. There are significant complications in "replacing" a tenant on a joint contract. For example a repeat inventory and report inspection should be done to create an identifiable point that everyone can agree to. It is even worse if the tenant that has left is the Lead Tenant regarding deposit protection.

To protect yourself, you need to see a copy of the inventory and condition report to check that the property has not deteriorated - otherwise your deposit is at risk from dilapidations before you took occupation.

Ideally, and the cleanest way, is for the agent to create a new tenancy. In addition, the old tenant should sign an undertaking concerning the deposit and undiscovered dilapidations.

[MrShed]

In addition to what Esio has said:

- Is the tenancy joint between the tenants? Or seperate?
- What esio said is correct. But it should be noted that IF it is a joint tenancy, a new tenancy has been created regardless.