Help please

[anhelix]

Hi,

 

I am new to the site so I am sorry if I posted in the wrong place.

 

I need some help in regards to my current situation at home.

 

2 years ago me and my other 3 flatmates moved in together and signed a 6 month assured shorthold tenancy agreement which was then automatically going into a rolling contract. We are all over 18 year of age.

 

This month my 3 flatmates are buying a house therefore they want to hand in their notice to our agency but I would like to stay in the contract with another friend moving with me.

 

I have contacted the agent and she emailed me the following:

 

Should three of you want to vacate the property they will need to put this in writing to say that they wish to vacate and then ALL tenants must sign this to confirm that this is the case. As per your tenancy agreement you will need to stick to a break date which is the 26th of the month.

 

The procedure for you staying and a new person moving in would be that you would need to find a suitable tenant and you would both need to pay referencing fees of £150.00 per person and you would also need to pay a new deposit upfront as unfortunately we cannot transfer your share of the deposit over to a new tenancy.

 

We would treat you and the new applicant as entirely new tenants so we would carry out referencing checks and inventory / check out reports – close off your current tenancy and then start a new tenancy agreement for you and the new applicant.

 

In regards to the referencing for you and the new applicant, should the three tenants that are vacating wish to be released on their break date then you and the new applicant will need to provide all required forms and documents well in advance that the months notice within the month so that the new tenancy can begin straight after yours and the other tenants liability end date. However, if referencing is not finished in time for the break date then you and the other current tenants will remain liable for the rent until the referencing is successfully completed and the new tenancy agreement signed.

 

It is also at the Landlord’s discretion as to whether the rent amount will be reviewed.

 

 

I have some questions in regards to this matter as nowhere in the contract is stated anything about tenants swap procedures.

 

1) Why do I need to give the notice and legally bind myself to leave the flat when in fact I only want to swap the name of the tenant? Is this procedure somehow regulated by law?

2) Why do I have to pay references fee if I have been there for the past 2 years?

3) Why do I need to check out (paying check out fees) and check in again when our contract is for an 'UNFURNISHED' property and now all my furniture will stay in the property? wouldn't the check out be invalid?

4) Is there a limit whereby the landlord cannot increase the rent of?

 

I would really appreciate if you could help me please.

 

Thank you very much in advance.

 

A

[Snorkerz]

1) If you are on a periodic tenancy then any one tenant can bring the whole tenancy to an end.

If you remain in situ beyond the notice date, you are a trespasser and can be easily and quickly evicted (via the courts).

 

2) No real reason, other than the fact that if you don't, you won't be offered a new tenancy.

 

3) A full inventory will need to be conducted to ascertain what if any damage has been caused during your current tenancy. A full inventory will also be required to ascertain the condition of the property at the commencement of the new tenancy. In reality, the same inspection could be used for both purposes - but what can you do in view of (2)?

 

4) The new contract has nothing to do with the old contract, therefore there is no link between the old rent and the new rent. Your new rent will be at whatever you agree with the agent/landlord. If you don't agree, fine, there will be no new tenancy.

[mariner51]

If you are still within fixed term of orig AST, thenterm of T requires consent of all Ts

If one wants to remain then, subject to LL approval, they can replace departing Ts subject to a Deed of Assignment, subject to satis ref checks on incomers. Some/all current Ts may be expected to share readvertising costs if conducted by LL.

Otherwise LL/LA requirements are fair as a new AST, with 'new' Ts is required

When you renew your Car Ins with current provider, you are required to reveal any convictions/accidents/change in employment status that may increase yout perceived risk.