full new tenancy agreement needed?

mcgsp

My new wife wants to move into the flat I have rented for over a year shortly after the start of another 6 month rental period which was in the process of being renewed (and the agents taking a renewal fee).

Is it reasonable for the letting agency to demand a full new tenancy agreement (presumably with various additional fees)?

and to say that the existing deposit will not be returned until I make arrangements with the landlord (in the past I have only ever dealt with the letting agent)?

for good measure the agent has added a sentence saying "any dilapidations at the property will become the responsibility of the current tenants". Very friendly especially as I have always paid on time and the agents, who recently inspected the flat, know I have kept it in good condition.

Note - earlier today I posted a similar post to this but now realise that I should probably have used this forum - sorry for the duplication

Fire_Fox

Don't you want your new wife to move in with you as well? Are you aware you do not need to renew an AST, you can just let it roll over onto a periodic tenancy? An AST can be varied mid way through and/ or a permitted resident added. What do they mean by dilapidations? To me that means wear and tear (the landlord's responsibility) rather than accidental damage (your responsibility). Have you signed that as it is? Is your deposit lodged with one of the three schemes? It should be, in which case your deposit will be returned as soon as both you and the landlord have agreed it can be OR when you have exhausted the dispute process.

DVardysShadow

LA is asking you to deal with LL over deposit, I imagine because LL has the money. Is the deposit in a scheme?

moromir

mcgsp wrote: »

My new wife wants to move into the flat I have rented for over a year shortly after the start of another 6 month rental period which was in the process of being renewed (and the agents taking a renewal fee).

Is it reasonable for the letting agency to demand a full new tenancy agreement (presumably with various additional fees)?

and to say that the existing deposit will not be returned until I make arrangements with the landlord (in the past I have only ever dealt with the letting agent)?

for good measure the agent has added a sentence saying "any dilapidations at the property will become the responsibility of the current tenants". Very friendly especially as I have always paid on time and the agents, who recently inspected the flat, know I have kept it in good condition.

Note - earlier today I posted a similar post to this but now realise that I should probably have used this forum - sorry for the duplication

What the LA is trying to prevent OP, is a situation whereby your new wife moves into the flat (is not named on the tenancy agreement), things don't go well, you move out and stop paying the rent and they're left trying to evict a squatter or she pays the rent to you and the Landlord's mortgage company start getting upset that the property is being sublet.

I think if I was the Landlord I too would insist that your new wife is named on the Tenancy Agreement, I would also expect my LA to charge you for the additional work involved in drawing up the relevent documentation.

Re the comments about dilapidations, I believe what they are trying to say (although very badly), is that your wife will be responsible for any dilapidations caused during your tenancy, not only for those after she joins you. Again if things don't go well and one of you leaves, it will prevent any "well he did that before I moved in" type disputes.

Re the deposit, similar story, I think they want you to sort out the deposit then "re-deposit" in both names as once shes on the tenancy agreement they will be obliged to register the deposit in both your names, if one of you leaves they dont want the hassle of being obliged to return the deposit split 50/50 but with you arguing you paid it all so why is she getting it etc.

Thats how I read it from your post anyway

mcgsp

Yes I want my wife to move in along with me - sorry if I didn't make that clear.

Until now the letting agent has insisted on a new AST every 6 months at a renewal fee of £58.75 although, when I queried this, it suggested a 12 month agreement to avoid more than one renewal fee.

There is "an individually negotiated clause stating" stating "it is agreed that the Tenant may give one month's notice to vacate the property and the Landlord may give two months' notice to vacate the property. These notices must run concurrent from the existing expiry date". This has never happened as the agent - about 2 months from the end of a 6 month tenancy agreement - draws up a new 6 months' agreement.

Can I object to the agent insisting on a brand new contract to include me and my wife? I suspect, although we have never spoken, that the landlord will be keen to keep me and my wife as tenants as I pay on time and look after the place.

I think the bit about "dilapidations" is taken from some standard paragraph used by the letting agent - the agreement does not refer to it and my deposit is with "The Dispute Service Ltd".

mcgsp

Yes I want my wife to move in along with me - sorry if I didn't make that clear.

Until now the letting agent has insisted on a new AST every 6 months at a renewal fee of £58.75 although, when I queried this, it suggested a 12 month agreement to avoid more than one renewal fee.

There is "an individually negotiated clause stating" stating "it is agreed that the Tenant may give one month's notice to vacate the property and the Landlord may give two months' notice to vacate the property. These notices must run concurrent from the existing expiry date". This has never happened as the agent - about 2 months from the end of a 6 month tenancy agreement - draws up a new 6 months' agreement.

Can I object to the agent insisting on a brand new contract to include me and my wife? I suspect, although we have never spoken, that the landlord will be keen to keep me and my wife as tenants as I pay on time and look after the place.

I think the bit about "dilapidations" is taken from some standard paragraph used by the letting agent - the agreement does not refer to it and my deposit is with "The Dispute Service Ltd".

clutton_2

""Can I object to the agent insisting on a brand new contract to include me and my wife?""

as a LL i would insist on a new agreement with both your names on it - for the reasons moromir has said

costs of doing so are a separate matter which you could try negotiating

N79

Think of this another way - the new tenancy agreement also protects your wife.

For example, if there was no new agreement and you die then your wife could be evicted in days (as an excluded occupier she would have no rights and evicting such occupants is usually straight forward and can be done in days where there is an urgent need) . With her named on a new tenancy agreement she would have all the rights of occupancy due as a T.