HELP AST renewal/joint tenant/ deposit URGENT

x__Indigo_x

Hi all il explain my situation as simply as i can...

basically on 19th may 2011 myself and my then partner signed a 6 months assured short hold tenancy on a lovely flat and paid a huge month and a half rent as a deposit(£950) and one months rent in advance plus £180 admin fees!

On the 19th nov ( well just before that) we paid a £55 renewal fee and the tenancy was done for another 6 months - due to end 18th may 2012

we have been served a sc21 notice in march 2012 giving us notice that we need to leave by 18th may or renew before then.

However myself and my partner have now separated.

I want to STAY in the property and he wants to LEAVE- well he already has done but he doesnt want his name on any new contract.

i have contacted the letting agent re what to do but they wernt very helpful.

i have advertised the room and for a new female joint tenant ( i cannot afford to stay on my own) The letting agent said this was fine, the new tenant would have to pay £130 'admin fees' for them to check her references/credit check/ draw up her new contract

i asked about the deposit and was told it was all placed in my name ( dont know why) under the TDS so if my ex wanted his half we would have to come to a mutal arrangement between us (?!) and the NEW tenant wouldnt legally have to pay any deposit through them - doesnt sound right to me what if the new tenant trashed the place then left!?

Im so confused,:mad:

Also I HAVE to give them written notice by the 18th April to say im leaving or staying. Shall i write to say im leaving just incase i dont get a new JT then if i do secure someone before 18th may i can stay. or by giving my notice could they then say i cannot 'renew'?

I know the issue is complex i just hope someone understand what im asking

Thanks Lucy x

sorry for the poor English im panicking which is making my dyslexia even worse!

mynameisclare

x__Indigo_x wrote: »

Also I HAVE to give them written notice by the 18th April to say im leaving or staying. Shall i write to say im leaving just incase i dont get a new JT then if i do secure someone before 18th may i can stay. or by giving my notice could they then say i cannot 'renew'?!

You are NOT required to tell them if you want to leave at the end of a fixed term contract. Legally you are allowed to just hand them the keys on the last day and walk away. Usually I'd say that's rude, but in this case I think it's more rude for the agency to charge you for renewing the contract for basically no work.

Be very careful with dates though - if you signed the agreement to start on the 18th Nov, then the last day is the 17th May. When did they serve your notice? I think it would have to have been on or before 17th March to be valid for the 17th May leaving date, but I'm sure other posters will be along to confirm that.

x__Indigo_x

mynameisclare wrote: »

You are NOT required to tell them if you want to leave at the end of a fixed term contract. Legally you are allowed to just hand them the keys on the last day and walk away. Usually I'd say that's rude, but in this case I think it's more rude for the agency to charge you for renewing the contract for basically no work.

Be very careful with dates though - if you signed the agreement to start on the 18th Nov, then the last day is the 17th May. When did they serve your notice? I think it would have to have been on or before 17th March to be valid for the 17th May leaving date, but I'm sure other posters will be along to confirm that.

i did want to keep a good relationship with them incase i do need to leave and thus may need a reference ... but i suppose i have no choice . So i could just not tell them anything and hand the keys in on or before the 18.5.12


email from them states 'Yes you have to give 30 days written notice. You are in a fixed term until 18.05.2012 so you will need to let us now 18th April if you intend to leave.":think:


just checked actual tenancy dates
1 = 19 may 2011 - 18th Nov 2011
2=19th nov 2012- up to and including 18th may 2012

x

G_M

If you want to end the current tenancy (which you should since your ex has left) and start a new one with a new joint tenant (assuming a) you can find someone and b) they are acceptable to the landlord) then you need to agree this with the LL/agent.

You cannot simply move a new person in (your tenancy almost certainly prohibits sub-letting).

So ask the LL/agent to draw up a new TA with the names of yourself and 'New Person' (who will need to be credit vetted in the normal way), and sign this.

Since this will end your current tenancy, the existing deposit (it IS registered yes?) should be returned to you. What arrangement you make between yourself and ex is between the two of you.

A new deposit for the new tenancy will be needed and should be registered in the normal way.

In practice you might all agree no to move the £ around, but from a paperwork point of view the deposit should be in the names of the new tenants and should be a new registration.

If you decide to leave, you do NOT need to give any notice, but I suggest you do not get into an arguemnt about this so do not respond to their email. If you decide to leave, you can just leave.

there is more info here.

mynameisclare

x__Indigo_x wrote: »

email from them states 'Yes you have to give 30 days written notice. You are in a fixed term until 18.05.2012 so you will need to let us now 18th April if you intend to leave.":think:

Remember anyone can set themselves up as a letting agent with no knowledge of the law. Don't believe everything (or perhaps anything) they tell you!

x__Indigo_x

G_M wrote: »

If you want to end the current tenancy (which you should since your ex has left) and start a new one with a new joint tenant (assuming a) you can find someone and b) they are acceptable to the landlord) then you need to agree this with the LL/agent.

You cannot simply move a new person in (your tenancy almost certainly prohibits sub-letting).
.

i know this hence the reason i have emailed to ask before doing anything. They have told me that I would only need to pay a renewal fee (£55) everything on my side would stay the same? i dont think its right hence coming on here.

Mainly because the agency said the new tenant WONT be forced to pay any deposit to THEM as the full deposit has already been paid and the person whos name it is in is staying (me). the agent said something along the lines of ' if your x wants his share back you will have to agree his half then take the new amount of the new tenant as you are the only person named on the TDS' The money to my x isnt an issue however i want the new tenant to have to pay a deposit and be named on the TDS so that if new tenant did trash the place she would lose her deposit too. as otherwise the deposit has all come from my pocket.

so confused
hope you understand what im saying?x

x__Indigo_x

taken from shelters website
http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies#1

In a joint tenancy, the landlord normally takes a single deposit for the whole of the tenancy. If one joint tenant fails to pay their share of the rent, or if they cause damage to the property, then the landlord is entitled to deduct the shortfall or damage from the deposit. It will then be for you and the other joint tenants to decide how to divide up the remaining deposit when it is returned.

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Replacing a joint tenant

If you are replacing another tenant who is moving out, they may ask you to pay the deposit to them instead. This isn't generally a good idea. If the tenant who is moving out has caused any damage to the property or left any unpaid bills, the landlord will be able to deduct these costs from the deposit when you move out, which could leave you out of pocket.

Get advice if you are in this situation. It might be better to ask the landlord to give a new tenancy agreement to the tenants who will be staying on.

x__Indigo_x

What if someone wants to leave and others want to stay?

If you want to leave a joint tenancy, it is usually best to discuss it with the other joint tenant(s) before you take any action.

If the other joint tenant(s) don't want to move out, they can try to negotiate a new agreement with the landlord.

The remaining tenants may be able to:

find another person to take on the tenancy of the person who wants to leave (the landlord would have to agree to this), or
agree with the other joint tenants to stay on and pay the extra rent themselves.
Your landlord may decide to:

give the other tenants a new tenancy agreement, listing the new tenants (in practice, your landlord might not bother to do this)

accept the rent from the new tenant – in which case the new tenant should have the same rights as a tenant whose name is actually on the tenancy agreement.

However, this is a very complicated area of law and you should get advice from a solicitor or an adviser specialising in housing law.

G_M

The issue is not the deposit - that is something you could just sort out with your ex by handing over half.

The issue is the tenancy. Your ex will understandably not want to remain on the TA and thereby remain legally liable for rent, damage etc.

1) You could remain (one day) beyond the end of the current Fixed Term. The tenancy then becomes Periodic. At this point EITHER tenant (ie your ex writes a letter) can give Notice which would end the tenancy (see rules for length of Notice). Your ex then ends all obligation. A new tenancy would then be needed.
OR

2) You persade the LL to draw up a new tenancy with new names, dated day current tenancy ends. You and new joint tenant then seemlessly move onto a new TA. Much the best option.

3) You get (written) permission from the LL to sublet. You move in a new housemate, who becomes your lodger. Problem is your ex is still on the tenancy agreement

4) you get LL to draw up a Deed of Variation, changing the names on the TA. To be honest it is easier just to do 2) above!

Kynthia

G_M wrote: »

3) You get (written) permission from the LL to sublet. You move in a new housemate, who becomes your lodger. Problem is your ex is still on the tenancy agreement

Isn't subletting different from taking in a lodger? I thought subletting meant giving exclusive occupation of all or part of the property, and with a resident landlord it would likely be a bedroom. This is usually prevented in the lease as subtenants have more rights than lodgers.

I agree that the tenancy should be ended and a new one begun without the OP's ex. This should involve returning the deposit and taking a new one. If the new tenancy includes a new joint tenant as opposed to a lodger, this tenant will likely want a new inventory taken as their deposit shouldn't be used to bring the property back to the condition it was a year before they moved in.

jjlandlord

G_M wrote: »

2) You persade the LL to draw up a new tenancy with new names, dated day current tenancy ends. You and new joint tenant then seemlessly move onto a new TA. Much the best option.

This would also require the current tenancy to be appropriately surrendered in order to avoid chances of problems since the tenant changes.

The tenancy could be just be assigned to nes tenant with a deed of assignment. All parties should agree.