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  • FIRST POST
    • Spudgun79
    • By Spudgun79 7th Dec 17, 5:46 PM
    • 5Posts
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    Spudgun79
    Tenancy Referrals
    • #1
    • 7th Dec 17, 5:46 PM
    Tenancy Referrals 7th Dec 17 at 5:46 PM
    Hi,

    Advice please. Not sure if this is a normal (typically cheeky) thing that Tenancy Agencies try on.

    Someone has moved out of the property (four tenants) and wants to remove their name from the contract. Which means a change of agreement, to remove the name and just leave the other three. All tenants are happy to do this. Now, the agency want new references for the three tenants because it's a new contract. Despite all three tenants being there, in that property, paying the rent for over 3 years.

    Is this right? Can they do this? Seems pointless. It's a charge obviously, which seems the only reason they want to do it!


    Cheers for any advice
Page 1
    • aneary
    • By aneary 7th Dec 17, 6:00 PM
    • 817 Posts
    • 704 Thanks
    aneary
    • #2
    • 7th Dec 17, 6:00 PM
    • #2
    • 7th Dec 17, 6:00 PM
    If you’ve been there 3 years ask your current LL (read LL not LA) for a reference and see what he/she says.
    • Spudgun79
    • By Spudgun79 7th Dec 17, 6:18 PM
    • 5 Posts
    • 0 Thanks
    Spudgun79
    • #3
    • 7th Dec 17, 6:18 PM
    • #3
    • 7th Dec 17, 6:18 PM
    If you’ve been there 3 years ask your current LL (read LL not LA) for a reference and see what he/she says.
    Originally posted by aneary
    Getting the reference isn't the problem, it's having to pay them the admin fee, to effectively tell them that we've been living there and "yes we still have a job".
    Rather than just amending the agreement.
    • G_M
    • By G_M 7th Dec 17, 6:42 PM
    • 42,321 Posts
    • 49,166 Thanks
    G_M
    • #4
    • 7th Dec 17, 6:42 PM
    • #4
    • 7th Dec 17, 6:42 PM
    In a joint tenancy, one joint tenant cannot just 'move out' and remove their liability.

    Either

    * the tenancy must be ended, following proper notice or via an agreed 'early surrender' which the landlord accepts

    or

    * the existing tenancy can continue with a Deed of Variation being executed by the LL and all tenants, to alter the names of the joint tenants.

    Either way, the LL must agree. Whilst he may have been happy with 4 joint tenants, and confidant the four cobined could afford the rent, he may not be sure that just 3 joint tenants could manage the rent. So re-referencing them, particularly income, is normal.

    However referencing and checking for CCJs etc seeems unecessary - this may well just be the agency seeking fees.

    What does the landlord say?
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