I’m looking at getting my name off a tenancy. My landlord and house mate have accepted this and I have contacted the estate agent who manages the property. They have stated I will be have to pay £50 to remove me from the tenancy which is fair but my landlord says they will charge her £150. She states she is happy for me to come off the contract but only if I pay her this amount so she can pay them. Im not keen to pay £200 just to get off a tenancy. Is this entirely legal ?
When does the minimum term of the tenancy end?
If it has ended, you can just give notice to terminate the tenancy. This will terminate it for all joint tenants, and then you can leave the house mate & Landlord to agree a new tenancy, and you will be liable for no fee’s.
If the fixed term hasn’t ended yet, you are liable for your Landlords costs, for breaching your contract, so £200 would not seem unreasonable. The Landlord can only charge you the actual costs they incur - eg lost rent for void period, advertising, referencing etc.
1 Like
Hi, it’s now on a 2 month rolling contract so I could give my notice. The only issue is that I think it end for my housemate as well and I wouldn’t want to force her to find a new place ect
Karl11 has already stated that all you have to do is give appropriate notice to leave. Providing the other tenant can afford the rent on their own, a new tenancy could be created with the other tenant. Alternatively, that tenant can find someone to replace you.
Read your tenancy agreement with regards to giving notice. Normally on a monthly rolling tenancy you would be required to give 1 months notice to expire at the end of a rental period. In your case because your rental period is 2 months you may have to give 2 months notice.
1 Like
Just phoned my agency and they said they needed both parties to agree to end the contract break clause. So it looks like I’m stuck for now
Firstly, you are not using a ‘break Clause’. These only apply during the iitial fixed term.
Secondly, the Agency are wrong. Give them written notice to terminate as per your tenancy agreement. They can argue all they like, but that is legal, and it should not cost you anything. I cant post the link, but if you internet search for ‘Shelter ending joint tenancies’
2 Likes
I’ve had a look at joint tenancys for shelter and this is what it says
“If you want to use a break clause to end a joint tenancy early, all joint tenants must be in agreement unless your contract says otherwise”
I do have a break clause in my contract as I requested it there when I renewed last year. I just thought either tenant could end the tenancy and not both. Also it is a 12 month fixed term with a 6 month break clause not a 2 month rolling, my mistake
Also just back to my original question. Is that fee lawful for me to pay or is it not ? The landlord would still be getting full rent from the remaining tenant and no one is coming into the property so it seems a bit excessive especially as I should be capped at £50
I would refer you back to my original answer, as I’m confused if you are still in your fixed term or not?
When did you sign your ast? What was its term? What is the break clause?
Apologies. Its a 12 month fixed ferm from novemeber with the break clause available from may (6 months in) which the agents say I cant enact one sided
Can you supply the exact wording in your contract regarding giving notice ?
If youre still in the fixed term then theyre right. Both tenants have to sign a break notice, whereas any one can serve notice once the tenancy is periodic.
1 Like
If you are within the fixed term, then 200 to cover the costs of breaking and rearanging a new tenancy IS more than reasonable and legal as it covers the costs involved, and a lot less than you leaving but continuing to pay your share of the rent until end of fixed term, which could be insisted upon in the circumstances you present. I would think myself lucky that all others are willing, and do it before one of them gets fed up and changes their mind!
For clarification, my housemate is currently paying the full share of the rent. This was agreed when I moved out, so I’m not ending a tenancy in its entirety, only making a variation to the contract to get my name off it. This is why I think £200 is a lot as no one needs a new contract, no advertising needs to be done, and no rent would be lost. It’s simply removing my name from a contract
There is no such thing as just removing your name from the contract and its more than that anyway. You have a joint tenancy, which cant be ended individually as the tenants are not divisable for the purposes of the tenancy.
I’m just going to start from the beginning again. I am paying £200 to get my name off a contract, my house is going to stay on paying the full amount so no rent is lost. The estate agents have stated that this is a “variation of contract” which will cost me £50, this is not to end the tenancy altogether but just get my name off of it. The landlord is charged £150 to do this and is passing the cost onto me, considering that a change in contract is normally capped at £50, I am asking is the landlord allowed to pass this cost on to me ? I would understand if it was a complete termination of tenancy as there would be a loss of rent. But there is no loss of rent, no advertising to get a new house mate and no new contract. Sorry I havnt been clear
Its possible to create a deed of assignment where all the current group of tenants signs a witnessed deed to assign the tenancy to a new group of tenants, which may include some of the current ones, also signed. Other than that its a deed of surrender from the current group which just ends the current tenancy. They then start again with a new tenancy.
If the agent is suggesting any other process, then I suggest you get some legal advice from Shelter or CAB as it may not end your legal liability.
In the circumstances you describe, yhe landlord would have to show that whatever process they are using is costing him £150 or £200. There has been at least one case by a senior judge that ruled that the cost in these circumstances should be no more than £50. My understanding is that whilst this hasnt set a precedent, it would be unlikely that a court would go against it.
Elp
Your post has been confusing to follow. Anyway, now that you have made it more clear, I would say that the fee the landlord is charging would be illegal.
Can the existing tenant legitimately afford the apartment on her own. 75% council tax and all other bills. If the landlord has rent guarantee insurance she may not qualify. Did you contribute to the deposit. If so, this would have to be refunded. Generally in these scenarios it is best to end the tenancy and go with a new one.
I see, I think that is what they mean when they say a variation of the contract, as I have used a deed of assignment before. So could the landlord justify the £150 the estate agent is passing onto them as a reasonable cost? Or would that still be illegal to pass onto me ?
If its a deed of assignment then I think the maximum is £50. However, be aware that the landlord can change his mind about releasing you.
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.