My housemates are also asking will they all have to pay this when they leave as we are now in a rolling contract.
@Eleanor21 that
that’s exactly the point. With a periodic contract, if any tenant gives notice then it ends for all of them. Below from Shelter - you can send to agents. Ending your joint tenancy - Shelter England
hopefully the deposit scheme will agree that as you have given the correct valid notice, the tenancy ends so there is no early termination nor any change to the contract as the tenancy contract has simply ended
Best
If one tenant gives notice the joint tenancy ends
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earlier I recommended that you check your tenancy agreement for what it says about allowed deposit deductions. It would be helpful if you could quote that section in full for us here.
It’s highly likely that the case they are referring to occurred prior to May the 1st of this year. There hasn’t been time for a case like that to have unfolded. Therefore, they are talking about a situation where a tenant likely left during the middle of a fixed term and, in that case, the LL was in fact allowed to recover costs incurred to replace a tenant.
However, fixed terms were abolished on May 1st and so tenants can no longer be penalised for leaving a tenancy at any point provided they give the correct 2 months’ notice.
The agent obviously doesn’t want to engage in communication but I would at least acknowledge their email and let them know that you are aware that the rules about such charges have changed since the 1st of May and therefore, under the RRA, are no longer equivalent because you have a right to end the tenancy at any point with no penalty if you give the required notice.
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I signed in on their digital portal which is where I opended and signed the contract and they have removed the contract from my account…
I have asked my housemates if anyone made a copy as I unfortunately did not…
Contract states as follows:
7. End of tenancy
(7.1) To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy, with fair wear and tear excepted, and to remove all the Tenant’s personal effects and any waste or rubbish from the Property
- (7.2) To leave the Contents at the end of the tenancy in approximately the same places in which they were positioned at the commencement of the tenancy
- (7.3) To return the keys of the Property to the Landlord’s Agent on the agreed termination date, or the end of the tenancy (whichever is sooner). The Tenant also agrees to pay for any reasonable charges incurred by the Landlord or the Landlord’s Agent in replacing keys or securing the Property against re-entry where keys are lost or not returned
- (7.4) To provide a forwarding address to the Landlord or the Landlord’s Agent either prior to or at the end of the tenancy
- (7.5) To arrange with all utility providers for final meter readings at the Property to be supplied and final bills to be paid at the end of the tenancy
- (7.6) To allow the Landlord or the Landlord’s Agent, within the last two months of the tenancy, to erect a sign on or outside the Property to indicate that the Property is for sale or available to let
- (7.7) Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlord’s Agent at reasonable hours including at weekends to enter and view the Property with prospective tenants or purchasers, having first given the Tenant a reasonable period of notice
- (7.8) To give the Landlord vacant possession of the Property upon expiry of a valid notice seeking possession served by the Landlord or the Landlord’s Agent. Where the Tenant does not give vacant possession, and the Landlord is subsequently granted an order for possession, the Court may order the Tenant to pay the Landlord’s reasonable costs of obtaining and enforcing the possession order.
That’s not the clause I was referring to. There should be something explicit about the deposit. Something like this:
The Tenant agrees that the Landlords may make reasonable deductions from the deposit at the end of the Tenancy for the following purposes:
(a) except for fair wear and tear, to make good any damage to the Property or any of the items listed in the inventory caused by the Tenant’s failure to comply with the Tenant’s obligations under this agreement;
(b) to replace any items listed in the inventory which are missing from the Property at the end of the Tenancy;
(c) to pay any rent which remains unpaid at the end of the Tenancy;
(d) to cover the reasonable removal, storage and disposal costs for any of the Tenant’s possessions that remain in the property;
(e) to recover any utility reconnection charge paid by the Landlords;
(f) where the Tenant has made any addition or alteration to the Property or has redecorated the Property without the Landlords’ prior written consent, to cover the reasonable costs incurred by the Landlords in removing or reversing any such addition or alteration or in reinstating the former decorative scheme.
Thats not a valid notice. It has to be unequivocal, stating a specific date on which the tenancy will end. Unless your notice is valid, it wont bind the other tenants and the agents position would be correct. If your may notice is valid the tenancy will end at some point in July or August depending on the tenancy periods. There is no fee payable for you serving a valid notice and leaving.
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How did you give notice, what date did you give it on, and what date do you pay rent?
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2.1 Deposit. The Tenant pays the Deposit as security for the performance of the Tenant’s obligations set out in this Agreement and to pay and compensate the Landlord for the reasonable costs and losses of any breach of those obligations. It is specifically agreed that this money is not to be used by the Tenant as payment for any rent due under this Agreement. No interest shall be payable on this Deposit. The balance of the Deposit to be paid to the Tenant after the conclusion of the tenancy, Less any reasonable costs and losses incurred for the breach of any obligation as agreed with the Tenant, or decided by the Court or by the appropriate deposit scheme (details of which are contained in the scheme’s deposit information leaflet/terms and website)
I gave them notice on the 3rd of May and we pay rent on or before the third.
I told them I would be leaving in exactly two months from the 3rd of May
Via email to also mention. I did however send it to the landlord and not the estate agents. The landlord then said the estate agents would be in touch. The estate agent was not in touch and I had to email them directly.
It would help if you could publish the exact wording of your notice here.
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I Said "Hi …,
Just following up on this.
Can you let me know any steps I need to undertake in the next few weeks before I leave?
Just to ensure you are aware this was an official two month notice from me.
The other girls are staying.
Best,"
One of the girls sent notice from me a couple of days before as they only let us use on housemate to have any correspondence.
I have also followed up with them today:
"Thank you for reiterating the costs
And there is no way to get around this payment? I.e leaving a few days later etc?
And just to clarify this will then be a payment that each housemate will have to pay when leaving as we are on a rolling contract from the 1st of may?
Best, "
I would be interested in seeing what they have to say about that.
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They got back to me today saying:
So everyone who leaves would have to pay the fees, unless everyone leaves.
’ Hello ,
If all tenants vacate the property and bring the tenancy to an end, there would be no variation or replacement tenant fees payable.
The costs only arise where changes are made to an existing tenancy agreement, such as replacing one tenant whilst the remaining tenants continue with the tenancy. In those circumstances, the tenancy remains in place and the necessary documentation, referencing and compliance checks are required to facilitate the change.
Many thanks,’
Explain to them that [quote the Shelter text] as it’s now a periodic agreement, when one person gives notice the whole tenancy ends, and that’s exactly what you have done, so “whilst the remaining tenants continue with the tenancy” does not apply. They [LL and other tenants] have to decide separately whether they want to have a new tenancy agreement but that has nothing to do with you.
Best
Shelter text
If one tenant gives notice the joint tenancy ends
Wow… that’s astonishing. They are clueless about “joint and several liability”. These estate agents (and probably the LL also) have no clue about the basics of letting.
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Although you have replied to David and given exact wording, your message appears to indicate that this is not the original wording.
When you say “this was”, what communication are you referring to exactly? If it was solely the message you’ve quoted then I don’t think it serves as valid notice because a) it doesn’t specify the period of the notice i.e. two months and b) it doesn’t stipulate the date that you will actually hand over keys and leave. Personally, I would have asked you to send me another message stipulating that for clarity.
However, it clearly was accepted as valid notice by the LL and agents as they’re putting you through all this fee nonsense so that’s probably academic now. Just something to bear in mind for the future. Also worth bearing in mind is…
I’m not sure whether two month’s notice given on precisely the day you pay your rent means that you are bound to pay rent for May, June and July or only May and June. I would always encourage you to give notice before the next rent payment period date because then you know for certain that only the next two payments are due. Perhaps @David122 can clarify.
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I’m still not 100% clear that a valid notice has been served, but as courts tend to give the benefit of the doubt to tenants under these circumstances it would probably go in your favour. I agree that the agent has acknowledged that you’re leaving but I dont see any evidence that they’ve accepted your notice as a valid NtQ. If I were you I would contact the deposit scheme and warn them that the agent is threatening to deduct a prohibited fee from you despite you serving 2 months notice that will end the tenancy. You would then need to contest the deposit deduction when you leave.
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