Hi All
I have been a tenant in my property for 23 years. Initially with a previous partner.
I have been with my current husband now 17 years and have requested the tenancy agreement be updated to reflect this a number of times in the past.
The landlords agents have written to me this week advising that my TA needs updated (no sh** sherlock).
They have outlined
… "these may include removing his (old) name from the agreement or entering into a new TA adding (new name) as a joint tenant or as a permitted occupier.
One option available is for a Notice to Quit to be served, which would bring the current tenancy to an end for all named tenants…
… we can consider whether you wish to enter into a new agreement as a sole tenant, or you wish to have (new name) as either a joint tenant or as a permitted occupier."
Can anyone offer any advice on what i should consider when i talk to them??
Thanks
Sara
@Sara_Colin
Ask why changing now and if any other changes proposed.
Def good to remove old partner name and add husband
Think if you want to be jointly financially responsible or if sole responsible and husband is permitted occupier - joint means either of you can be pursued for full amount if not paid
If its a joint tenancy either can serve notice to end the tenancy without other tenant agreeing
Think what notice periods you want (default 2m plus the number of days to end on the day before rental period). Think if youd prefer to pay a different date
Check rightmove and openrent for rents for similar properties in your area - if your rent hasnt increased in line with market in recent years and they think you’d challenge a big increase or LL wants to sell up, getting you to sign a notice to quit without signing a new tenancy first would be a quick sneaky way to get you to leave
Assuming you want to stay agree and sign new tenancy terms and conditions and rent etc - this then overides old agreement notice to quit not needed.
There’s advice here
Source: Shelter - The housing and homelessness charity Private renting - Shelter England
- they can no longer evict you for no reason
- at the start of a new tenancy they cant then evict to move back in or to sell in first 12 months
It could all be innocent and following the recent legislation the agents/legal team have reviewed all tenancies to bring them up to date. But be cautious assume all agents have their own or maybe LL interest
Good luck
Personally, I would not encourage you to serve any notice to quit unless you want to leave. Ask them to send you a new agreement, and then if you are happy with the terms sign that. Signing a new one will replace the old one.
2 Likes
If you are still in touch with your previous partner, the safest way for you to do this would be through a deed of assignment from you and your ex to you and your husband. Anything else risks them reneging on granting you a new tenancy.
@David122
It wont be a fixed term tenancy anymore (even if it had been ‘renewed’ with a fixed every year, RRA has ended all fixed tenancied so doesnt need both joint tenants (!if it was joint ) to agree for it to end, just one giving notice is enough?
So @Sara_Colin could end current tenancy and start a new one. No permission needed from the ex?
Why cant the new tenancy simply be signed before or at same time as the old one is ended by @Sara_Colin giving notice?
Surely this sort of issue that LL might pull out happens every time there is a change of tenants and a new contract is needed - it cant be an uncommon problem- and there’s solutions like using a solicitor or OR as an intermediary to handle an exchange
Or is there some nuance ive missed?
Best
I think an Assured Periodic Tenancy can still be assigned, with the landlords consent of course.
Its possible to simultaneously create a new tenancy and give notice on the old one, but its likely to be logistically difficult. The landlord would need to sign the new agreement at the same time as the tenant’s notice to quit is signed, but for a tenancy to start on the same day as the notice to quit expires.
The two options David240 and David122 outlined are both valid, but which works better depends on one thing: will your ex-partner cooperate?
Deed of assignment (David122’s route): your ex assigns his share to your husband, landlord gives consent, and the original tenancy continues. Your 23 years of history stay intact, no notice clock resets, and there is no risk of the landlord refusing to grant a new tenancy. It is the cleanest option if your ex will actually sign.
Notice to quit (David240’s route): under the RRA, one joint tenant can serve notice and end the whole periodic tenancy without the other joint tenant agreeing. Technically correct, but once the tenancy ends the landlord has no legal obligation to offer you a new one. If the agents are already sending letters, they could use that gap to raise the rent or introduce new terms.
My suggestion would be to contact your ex first and ask whether he will sign a deed of assignment. If he agrees, go that route and ask the landlord for their consent in writing. If he refuses, you can still approach the landlord directly about a new agreement. Notice to quit should really be a last resort because it leaves you exposed.
One more thing worth noting: the agents say “the tenancy agreement needs updating” but do not say why now after 23 years. Ask them in writing what specific changes they are proposing before you sign anything.
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I dont think a “share” of a tenancy can be assigned. I think the whole tenancy has to be assigned, which means all parties signing.
The landlord/agent is probably wishing to update the agreement because they have a legal obligation to serve the RRA information sheet on each tenant, but have no way to reach Sara-Colin’s ex partner.
@David122
Isnt it like any other notice neeing to be served? So long as they serve to the address given for tenant in the tenancy agreement (usually the property address), or any later address supplied by the tenant, they have met their obligation?
Best
As the landlord has been specifically told that the ex-partner no longer lives there, I think a court would be unlikely to accept that the landlord tried his best to serve the document by sending it to the property.
@David122
But doesn’t the tenant have an obligation to tell the LL, if they wish to receive notices to a new address.
It’s not the LL job to track down tenants after they have left and not living there and reasonable to expect a tenant to either tell the LL or arrange for a redirection or forwarding of their post.
Doesnt do any harm to ask tenant who stayed but that should be enough?
Or do you think LL has to engage professional tracing agents?
Ps openrent ast has a specific clause
"13.4 The Tenant agrees that notices and other documents pursuant to this agreement may be served at the tenants registered email address with OpenRent which may be updated by the Tenant from time to time.
13.5. Notice served by email shall be deemed sufficiently served if it is sent to the Tenant or the Landlord at the email addresses identified above or as provided in accordance with 13.4 of this agreement."
So if the tenancy agreement has something similar (perhaps re written addresses if tenancy is 20y+) that would cover it as tenant has specifically agreed how notices can be served.
Best
Yes, I think to be safe the landlord would need to make some effort to find them, although I dont know if a court would require the use of a tracing agent. Serving to the property as well would also be sensible.