Problems with letting agent advice please

sykes11

I live in England and share a joint tenancy there are four of us all together, I found a new tenant to take my room ..... to cut a long story short, Agent said the new contract in the post still not arrived for new tenant to sign, I went into the office and they said new tenant has confirmed with terms and conditions by e mail and for me to move into my new property.
Is it my responsibility to chase new tenant to sign contract or agents and should I inform the landlord of the old property of the situation at present.
When I try to talk to someone, as I want this sorting I dont want my name on two tenancy agreements the staff in the agents say X is on holiday and no - one else can deal with this.
It just seems very complicated and has been made so by the information given to me by the agents .

BitterAndTwisted

If they have issued a tenancy agreement to the new person this would suggest that they have accepted your surrender. I'd stop fretting about it

G_M

The new tenancyis the new tenant's responsibility.

Your responsibility is for your tenancy.

1) Has your fixed term expired? If not, you are liable until it does OR untill the landlord accepts your early surrendor (which you should get in writing)
2) If expired and you have a periodic tenancy, did you give the required (one month aprox) notice? If not you are liable as above.
3) or have you already reached a greement to surrender the tenancy and have you got it in writing?

sykes11

I was still in my agreement but as long as I found someone to take the room, landlord was ok he came on the day I moved out and met the new person, I am just concerned that the new person has not yet signed the new contract, is this important ?
He has just agreed terms with the agent by e mail,
Maybe I am just worrying it is just that you never get an answer from the letting agents

G_M

As I said, it is YOUR agreement to surrender your tenancy that matters to you.

Any subsequent tenancy is nothing to do with you.

Benji

If you are still in the fixed term of a joint tenancy, then you can not surrender just your quarter - it doesn't work like that.

The only way this can be legitimately done is if you and the other 3 existing tenants legally assign the tenancy to the new occupier and the remaining 3 tenants - so A, B, C & D legally transfer it to E, B, C & D. Unless your deposit is over 2 months total rent, this can only be done with the landlords written agreement - usually on a deed of assignment.

Has any documentation that sounds even vaguely like this been completed? If not I fear your original contract could still be valid and you could still be jointly and severally liable for rent on the place.

sykes11

I think this is what I am asking to be signed, by the new person and the three existing tenants.
I asked the agent not to post this document out as I wanted to sign it with the new person on the agreed moving in day, but she said it had already been posted, and then went on holiday and not one person could deal with it while she is on holiday. Her office said it was ok to go ahead and let the new person move in, and for me to move to my new property. New person has paid for and passed all ref checks, and paid rest of months rent plus deposit to me.
I am sure they will not back out after paying all that money but you never know

Benji

sykes11 wrote: »

and then went on holiday and not one person could deal with it while she is on holiday.

I wonder if the landlord know that his property is not being managed by anyone for the next fortnight(?) and what he thinks of paying £X for that fortnights non-service?

However, back to the point.

If you know the landlords contact details, and you are in contact with your 3 housemates and the new guy, there is nothing to stop you by-passing the agency for the purpose of this matter only. http://tenancyanswers.ucoz.com/index/changing_tenants/0-25

may_fair

sykes11 wrote: »

I was still in my agreement but as long as I found someone to take the room, landlord was ok he came on the day I moved out and met the new person, I am just concerned that the new person has not yet signed the new [STRIKE]contract[/STRIKE] deed of assignment, is this important ?

Yes, it means you are still a joint tenant of the tenancy and remain jointly/individually liable for all of the rent, until your position on the tenancy is formally assigned by deed.