If one person leaves a flat, does everyone have to go????

[miniharry]

MY friend and I have rented a flat for 1 year. We are on a month to month tenancy through a letting agency.

 

I am leaving the property at the end of the month and gave the letting agency 30 days notice about this - explaining that my flatmate would remain and discuss options for tenants to take my place.

 

My flat mate has found a couple to take my room, and told the letting agency who said this was fine and they would just need to do a new shorthold tenancy for the 3 of them.

 

However, when I phoned them I have been told the following:

 

1. if one of us ends the tenancy we both have to move out.

 

When I asked why, I was told a jumbled message of the following:

 

1. it was something to do with new legislation about deposits which now have to go to the government

2. It was something to do with being unable to change the guarantors.

3. it was something to do with needing to do a new inventory on renewing the tenancy which couldn't be done if my flat mate's things were still in the flat. (It's an unfurnished flat)

 

 

Does any of this sound plausible? We have now received a letter saying we must both move out and pay £100 admin charge.

 

What is the deal with admin charges? Can they charge whatever they want or can they be contested?

 

 

If anyone can offer some advice it would be fantastic. We are 2 young girls, and I just get the feeling that the letting agency are taking advantage of us.

[MrShed]

What is the admin charge for? Was it stated to you at the beginning of the tenancy or in the agreement? If not, I would dispute paying it.

 

With regards both moving out, they have the right idea but wrong execution. If one of you moves out the TENANCY must be ended and a new one created. However, you do not have to physically leave for this to be the case.

[miniharry]

I haven't seen the letter stating the admin charge, but there is no mention of it in our starting tenancy, which was a 6 month AST, and then we moved on a month to month basis. With regards to the month to month, we never received a renewed contract, but a one page form we had to sign and there was no mention of the admin charge there either.

 

The flat is in hove, east sussex.

 

Is there any grounds to prove to them that my flat mate doesn't need to physically move out?

 

Thanks a lot for your help though Mr.Shed!

[MrShed]

You are very welcome

 

Basically without them informing you at the time of taking out the contract about the admin charge, they cannot charge it. It depends what it is for however. But they are in effect modifying the terms of the contract unilaterally, which they cannot do.

 

With regards moving out, you just kinda need to say to them yes the tenancy ends, you get the deposit back etc, but can you not just then start a new tenancy with the new flatmates with immediate effect, and you give them the deposit back. Sounds to me as if there might be something underlying for them here - it would seem fairly obvious that this is easy to do, so could there be some other reason for them wanting you to leave do you think?

[miniharry]

hit the nail on the head Mr.Shed!

 

There are neighbours below who have harrassed us from day one. A family with debt problems, we have had to call the police on them before. they regularly have screaming matches, threatening to kill each other and even us.

 

when we mentioned our intimidation to the letting agency, they said they couldn't do anything as the landlord was frightened about them damaging the property if he asked them to leave.

 

Recently they have just put in a complaint about us about noise, we are not noisy and the letting agency admit this family are aggressive, have been problematic and abusive in the past and have advised us never to answer the door to them.

 

I get the feeling that it is a case of keeping the most aggressive party happy, hoping they don't do anything stupid to the property.

 

I want to move on anyway but feel sorry for my flatmate who wants to stay in the property.

 

Thank you for your help though, I will let her know not to just accept what they say and hopefully it gets sorted out!

 

Have a scale click from me!!

[MrShed]

No problem, and thanks - rep is always appreciated

 

It is a shame - there are clearly ways there, the problem is that you cant really force the LA to do it. Seems to me that it would be beneficial, long term, to get out anyway.

 

Anyway, good luck, and do post again if we can help any more, in particular when you find out their justification for the admin charge!

[Aequitas]

If you have a tenancy that can be brought to an end by a tenant's notice to quit and there is more than one tenant, any of the tenants can give notice. When they do it brings the tenancy to an end.

 

If after the notice expires rent is accepted from the person remaining in occupation, a new tenancy starts with that person.

[miniharry]

Thank you Aequitas. The letting agents aren't budging so we're both having to move. It's a shame but one of those things

[Ed999]

What Aequitas says is basically correct.

 

If one tenant gives notice to terminate a lease then the termination is effective. The tenancy ends when the notice expires. All the tenants must then vacate the premises, as the tenancy has ended.

 

This only applies if the lease contains an express provision allowing the tenants to give notice. Fixed term tenancies don't always allow this.

 

A periodic tenancy can normally be ended by giving one period's notice (e.g. a month's notice, if rent is payable monthly). This may be the case if the original 6 month fixed term has expired, and the tenants are simply "holding over" without signing a new lease, where the landlord is accepting the rent, as a periodic tenancy has come into existence.

 

But a fixed term that has not expired cannot be ended early, unless there is a "break" clause (a notice clause) in the lease.

[miniharry]

thank you Ed999. Turns out we are definitely both leaving. I'll be happy when it's all over. I really appreciate your help though, thank you

[Aequitas]

The letting agents aren't budging so we're both having to move.

 

The agents may be churning to generate commission on a new letting. Worth your co-tenant going over their heads and appealing to the landlord.

[Ed999]

Well, MiniHarry says she and her friend are definitely moving out, so no point appealing the matter to the landlord.

 

Worth bearing in mind that a single tenant can cause this crisis by giving notice to end the tenancy, if the lease is granted to two or more tenants.

 

But, IMHO, if the letting agent is disreputable - and this one clearly is, since it has lied to the tenants concerning the renewal of the tenancy - the tenant is better off terminating and moving. Finding a new tenant who is prepared to pay more in rent is often the motivation for this type of action, because they normally take a percentage of the rent, not a fixed fee.