removing a name from a tenancy agreement

[billybobynumeroduo]

Hi there

 

A friend has a tenancy agreement with another friend both named on the T.A.

 

The T.A runs out in March 2017

 

Now, one of the ppl named on the agreement wants to leave the agreement and the other wants to carry on the agreement in their sole name.

 

So essentially one name is to be removed from the contract.

 

In the T.A it stipulates any changes to the contract will incur a £180 fee.

 

Is this fee necessary to pay as the contract can be argued its not changing but a name is simply being removed and its carrying on.

 

Can somwone clarify this please?

[Lea_HTH]

Your understanding is wrong, the contract cannot be 'changed', it will be ended by the joint tenant giving notice and a new tenancy agreement will need to be created, hence the fee.

[mariner51]

No T, joint or otherwise can serve NTQ during fixed term, only request early surrender & reassignment of his residential entitlement, subject to LL conditions. It still costs money, hence the stipulated fee.

Can the 'remainer' afford the total rent and does AST prevent sub-letting?

[billybobynumeroduo]

Your understanding is wrong, the contract cannot be 'changed', it will be ended by the joint tenant giving notice and a new tenancy agreement will need to be created, hence the fee.

 

Thanks for your response, much appreciated

 

however it does say in the agreement

 

"any changes to the contract will incur a £180 fee."

 

Sorry I dont have the exact lines from the contract to hand

 

also

 

The exact same scenario happened before with same address and there was no problem just a £180 fee to pay

[billybobynumeroduo]

No T, joint or otherwise can serve NTQ during fixed term, only request early surrender & reassignment of his residential entitlement, subject to LL conditions. It still costs money, hence the stipulated fee.

Can the 'remainer' afford the total rent and does AST prevent sub-letting?

 

Sorry Mariner I dont follow why you mention a "notice to quit"?

 

Yes, the remainder can afford the total rent, not sure about sub-letting?

[camptownraces]

The landlord has an agreement with a Tenant, which consists of two people until March 2017.

 

The only way such a contract can be ended before March 2017 is if both parties, L and T, agree.

 

In law the landlord doesn't have to agree to it, and if so, the person who wants to leave will be liable for rent until next March. Tenant can't serve a notice to quit while in the fixed term of the agreement.

 

Tenancy agreement sounds perfectly clear on this one: £180. A new agreement will have to be drawn up, new deposit protection with all the prescribed information issued. Also, check out inventory and deposit returned, more reference taking, credit checking, inventory on check-in, meter readings, utilities put in different names etc. That's why it won't be free.