Help needed - end of Fixed Term Tenancy

alisen

Hi everyone,

I would appreciate if somebody could give me any advice on the following situation:

I am currently renting a property together with another person. It's a joint tenancy and the end of our Fixed Term Tenancy Agreement is approaching. I have decided to vacate the property at the end of the tenancy but the other person would like to stay. I have informed the letting agency of this and they have told me that in this case it is a Changeover and that I have to find another person to take over my tenancy and pay the respective fees to the agency.

I am quite frustrated about this as I don't understand why I would have to do any of this if I have decided to move out at the end of the tenancy agreement? Is it really my obligation to find another person and do I have to pay the Changeover fees?

Many thanks!

Guest101

Yes and no.


The LL can carry on charging you both rent, even if you move out. The tenancy continues as is, just periodic.


You can give notice to end the tenancy after the fixed term, but then if your friend doesn't move out, you can be charged double rent.


However there's no such thing as a 'changeover'. It's a new tenancy.

Pixie5740

Assuming this is in England or Wales then for the joint tenancy to end you both need to move out on or before the end of the fixed term. If one of you remains in the property then the joint tenancy will continue.

What fees will be due depends on what the letting agency is planning to do. Any new tenant will have to be referenced so the new tenant would pay those fees. Then it depends on whether the letting agency will execute a deed of variation or just issue a brand new AST naming the new joint tenants.

Since the other joint tenant wishes to remain it would make more sense for them to find a new tenant since they're the one who will be living with them.

HappyMJ

alisen wrote: »

Hi everyone,

I would appreciate if somebody could give me any advice on the following situation:

I am currently renting a property together with another person. It's a joint tenancy and the end of our Fixed Term Tenancy Agreement is approaching. I have decided to vacate the property at the end of the tenancy but the other person would like to stay. I have informed the letting agency of this and they have told me that in this case it is a Changeover and that I have to find another person to take over my tenancy and pay the respective fees to the agency.

I am quite frustrated about this as I don't understand why I would have to do any of this if I have decided to move out at the end of the tenancy agreement? Is it really my obligation to find another person and do I have to pay the Changeover fees?

Many thanks!

You and your joint tenant could just move out on or before the last day of the tenancy and you will have no fees to pay.

G_M

Options:
* you both move out - the tenancy ends.
* your friend signs a new tenancy agreement as sole tenant. You move out, he stays. Your existing tenancy ends and he starts a new tenancy as sole tenant
* your friend finds a new mate. New mate is vetted by the landlord and accepted. They sign a new tenancy agreement as joint tenants. You move out, he stays & mate moves in. Your existing tenancy ends and they start a new tenancy as joint tenants
* You both arrange nothing. You move out, he stays. Your tenancy continues (as periodic/rolling) and you are both still joint tenants
* As above, but on the first day of the continuation (periodic) tenancy you serve notice. When the notice expires your mate must move out or you both become liable for double rent.
* You & he find Replacement tenant. You and he, and LL and Replacement all sign a Deed Of Assignment. On the assigned date, you cease to be a tenant and Replacement replaces you on the existing joint tenancy. When the fixed term for that ends, he and Replacement stay (on periodic tenancy).

mgarl10024

G_M wrote: »

Options:
* As above, but on the first day of the continuation (periodic) tenancy you serve notice. When the notice expires your mate must move out or you both become liable for double rent.

Hope you don't mind me asking, but why is it double rent?

Guest101

mgarl10024 wrote: »

Hope you don't mind me asking, but why is it double rent?

http://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/