Should a Tennant have to pay fees to leave a joint tenancy?

lucasmeister

Hi,

I currently rent a 2 bed flat with my friend. I'm not in contract anymore. It's now a periodic thing.

I want to move out and get a new flat on my own. My friend is fine with this and doesn't mind paying the extra rent himself.

I have found a new flat which is actually through the same letting agent. However they want to charge me for moving out and moving into this new place. They say there's around £300 fee for credit checking my friend to see if he can afford the rent on his own. Seems a bit much considering they already checked him 12 months ago so already have his financial details.

I would just move out and not say anything but obviously I can't considering I'm going with the same agent.

Anything I can do?

Thanks

nick12

They cannot assess whether someone can afford rent by doing a credit check anyway. If they mean other affordability checks such as how much he earns, outgoings etc then as you say they've already done this so point this out to them.

Unfortunately LAs in this country (assume you're in England?) are a law unto themselves and so your only options are to not use them or to try and negotiate when they try and screw money out of you via all of the weird and wonderful fees they dream up.

PasturesNew

It is immoral, but the majority would do this. The fees are excessive, they are taking the p*** but tenants have to suck it up and grin and bear it.

Bloodsuckers... the lot of them.

lucasmeister

I was thinking that I could just not tell them and rent a new flat via a new agent. But if I do this I won't be able to get a reference from them will I?

Pixie5740

If you have a periodic tenancy then when you give notice then the joint tenancy will end at the end of your notice period. If your friend wishes to remain in the property then he will need to start his own sole tenancy agreement, find someone else to start a new joint tenancy agreement with, or move out. Him starting a new tenancy has nothing to do with you so you shouldn't be charged anything for that.

Any referencing fees for the place you will be moving into you are liable for although why they have to reference you all over again seems silly. They'll probably charge you, and your new landlord for doing SFA.

Pixie5740

lucasmeister wrote: »

I was thinking that I could just not tell them and rent a new flat via a new agent. But if I do this I won't be able to get a reference from them will I?

Doubtful you'd get a reference but more importantly what about getting your deposit back?

lucasmeister

Pixie5740 wrote: »

Doubtful you'd get a reference but more importantly what about getting your deposit back?

I'm not sure you understand me. I'm the one moving out and my friend is staying. So deposit won't be an issue because he will get it all back whenever he moves out in the future.

Pixie5740

lucasmeister wrote: »

I'm not sure you understand me. I'm the one moving out and my friend is staying. So deposit won't be an issue because he will get it all back whenever he moves out in the future.

I do understand that you are the one moving out. Did you not contribute anything towards the deposit when the tenancy started?

lucasmeister

Pixie5740 wrote: »

I do understand that you are the one moving out. Did you not contribute anything towards the deposit when the tenancy started?

Yep I paid half and my friend will give me my half back when he moves out whenever that may be

pmlindyloo

Pixie5740 wrote: »

If you have a periodic tenancy then when you give notice then the joint tenancy will end at the end of your notice period. If your friend wishes to remain in the property then he will need to start his own sole tenancy agreement, find someone else to start a new joint tenancy agreement with, or move out. Him starting a new tenancy has nothing to do with you so you shouldn't be charged anything for that.

Any referencing fees for the place you will be moving into you are liable for although why they have to reference you all over again seems silly. They'll probably charge you, and your new landlord for doing SFA.

Read this to confirm the above post:

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

You need to give the correct notice and this will end the joint tenancy.

Your friend will then have to negotiate with the landlord about having their own tenancy agreement or moving someone else in.

Paying extra fees for your friend to achieve this has nothing to do with you if you give the correct notice.

The only time they can charge you extra money is if you just walk out. You would be liable for the rent until a new tenancy is created because you are still part of the original tenancy.

If another person replaced you in the current tenancy then you may be liable for fees to credit check that new person.

So basically you need to give proper notice. Then you are not liable for any fees. If your friend wants to create his/her own tenancy then he/she is liable for any fees for a credit check, not you.

As regards the deposit, the deposit should be returned at the end of the current tenancy so that you can have your half. Your friend should then find their own deposit for the new tenancy agreement.

BitterAndTwisted

You'd be out of your mind to just move out and the tenancy remain in joint-names. That means, should your flat-mate default on the rent at any time in the future the landlord would have two people to chase for the arrears and not one. Not living there wouldnot absolve you of any responsibility.

Give the proper written notice and leave your friend to argue the toss over the THREE HUNDRED QUID for referencing. The actual cost to the agent would be about fifty quid or less, so they are blood-sucking opportunists of the first order. But I expect you realised this when they first proposed this outrageous fee