I currently have an assured, shorthold tenancy joint agreement with 3 tenants until 31 July 2026 without a break clause. One tenant wants to move out and says that she has the right to do this under the Tenancy Fees Act 2019.
This is what she has said. Is she correct?
“I had thought that I can assign my share of the tenancy to a new tenant, provided I obtain your written consent. They would simply take my place on the current agreement.
Under the Tenant Fees Act 2019, consent to such an assignment cannot be unreasonably withheld, particularly where a suitable replacement is found and properly referenced.
I also understand that you may charge a reasonable administration fee for the assignment, capped at £50, unless higher actual costs can be demonstrated, in accordance with the Tenant Fees Act 2019.”
My understanding of the Tenant Fees Act 2019 is if a landlord were to allow a tenant to leave the tenancy early, the landlord would legally be able to charge reasonable costs associated with finding a replacement tenant. It doesn’t give the tenant freedom to leave the tenancy without the landlords consent.
Disclaimer " I am not an expert in the law."
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She’s talking nonsense. She has no right to end a fixed term tenancy without your consent and there is no “reasonably withheld” clause. You can just refuse. All the Tenant Fees Act does is limit the amount you can charge if you do agree.
Having said that, it rarely pays to try to keep an unwilling tenant. However, the first task is to take the views of the other joint tenants about replacing her. If they are in agreement, then I’d be inclined to tell her that if and when you find a suitable replacement thats acceptable to the other joint tenants and they pass referencing, you will discuss a date with her when the tenancy can be assigned. Until then she pays rent as normal whether living there or not.
The assignment process is a bit involved and MUST be done correctly, so come back and ask about that if it gets that far.
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Thank you for your replies. I didn’t find an actual clause about withholding consent either but I think I will allow her to leave if the other tenants are in agreement. I have the paperwork for a Deed of Assignment of Tenancy which I did use when things were up in the air in the pandemic and I was trying to be flexible. It’s short but I think this covers the assignment and all the remaining tenants, the one who is leaving and the one coming in, have to sign it.
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