advice needed - ending tenancy agreement

sezzer

Hi - I hope someone can help. I'm renting through a Letting Agent (in England) and I am on a AST which has an initial 6 month rent minimum - which the fixed term ended at the end of August. There are 3 of us living in a shared flat.

One of the tenants moved out at the end of august, and someone new came in - they signed a new tenancy agreement but I never did or the other flatmate. I wrote to the letting agent giving one month notice this week, and they replied saying my contract runs until February because someone new signed it. I assumed it would be one month as I have only my signed contract which states the date of the end of August.

Who is right - me or the LA?

The only part in the contract I could find about notice was about a break clause of 2 months.

Thanks in advance.

G_M

When you and the original other 2 moved in, did you each sign seperate agreements, or did you all sign the same 'joint and several' agreement?

What were the start/end dates of the original agreement?

When the 1st person left, did he'she give any notice? Did he/she leave on, before, or after the final date of the original 6 months fixed term? (actually this makes little difference)?

What names were on the agreement the new person signed? Just his/her own name, or all 3 names? Did anyone else sign it?

What were the start/end dates of this new agreement?

Are you in England? Scotland?

sezzer

There was 3 names on the original tenancy. I'm in England.The start date was 26th Feb, and fixed term date was 26th August 2014.

The last person gave notice, but was leaving on the fixed term date anyway. Myself and the other tenant haven't signed any further tenancy.

I don't know what the new person signed as haven't seen his tenancy agreement. And he is away at the moment.

G_M

sezzer wrote: »

There was 3 names on the original tenancy. I'm in England.The start date was 26th Feb, and fixed term date was 26th August 2014.I thought you said it was 6 months? That is 6 months and 1 day. Which was it?

The last person gave notice, but was leaving on the fixed term date anyway.
So he left on 26th Aug? Or 25th?

Myself and the other tenant haven't signed any further tenancy.

I don't know what the new person signed as haven't seen his tenancy agreement. And he is away at the moment.

It is a messy situation but I suspect:

On 26th (or 25th) Aug, since not all joint tenants left at the end of the fixed term, a Statutory Periodic Tenancy arose (see link below).

The notice given by the departing tenant had no effect since a fixed term expires irrespective on the final date.

The new agreement when the new tenant moved in was either :

1) in his name only, in which case it applies only to him (and you continue under the existing SPT) though you could argue his agreement was invalid since the LL had no right to sign a new agreement with a new tenant till your existing (SPT) tenancy was lawfully ended

2) in all 3 names. If so, and since only one person signed, either
a) it has no effect on the remaining 2 tenants who did not sign or
b) it binds all 3 if the LL can satisfy a court that you all knew of it, agreed to it, and that your failure to sign was an oversight

Reading between the lines, the LL knew that one tenant was leaving. And knew that a new tenant, plus 2 existing tenants, were staying. So it seems likely that the new agreement was for the ongoing 3 tenants, for a new 6 months.

It also seems likely that you & the other remaining tenant both knew (and agreed) that a new tenant was moving in, and in all probobility knew a new agreement was being signed.

The question remaining is whether 2b above applies.....

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

ali_hire

I agree with all of the above.

I'd be inclined to contact the agent and ask to see the agreement you've signed. They won't be able to provide it and hopefully you can use that as leverage to leave.

Another option is to get a new person in to replace you. Might be a better option for all involved.

sezzer

Thanks for the advice. It was 27th Feb as that's the day rent is due until 26th Aug.

I'm in the process of finding someone to replace me - which should not be a problem. Hopefully they will be fine with that as they will get more agency fees out of someone.

G_M

sezzer wrote: »

Thanks for the advice. It was 27th Feb as that's the day rent is due until 26th Aug.

????????????? :huh: ?????????????

1) day rent is due can be irrelevant in relation to contract start/end date.
2) So you now say tenancy started on 27th Feb not 26th as originally started?
3) with a specified end date of.....??
4) or a specified period of .... 12 months?
5) and the 1st tenant left on......??

Grief.... blood out of a stone!

sezzer

Yes start date of 26th February, end date 26th August. Sorry one day out....

Period of 6 months

First tenant left during August, he gave notice. The exact date doesn't matter as he paid the full month, so in the LA eyes he left on 25th August.

stator

As above the situation is messy.

Have you found someone to replace you? If you do it might make the agency/LL easier to deal with. Otherwise if the other tenants agree they could sign a new contract where they increase their rent (although I'm not sure it's in their interests to do so)

sezzer

There are about 7 people looking this weekend - so I should get a replacement quite soon.

How does that work with the contract then? Will they be named on it, and have the end date of February, or will the 6 months start again?

I think they should be OK with it, as they'll get more agents fees, I know how much they like taking money off people!

Pixie5740

It's not just a matter of you finding someone else to replace you. The LL/LA has to agree to the replacement too otherwise this new person will move in and you'll still be liable for the rent.