Private landlord fees to end AST early

Sloneu

I live in a flatshare with 2 other people. We have a a fixed term assured shorthold tenancy agreeemnt till July 2016. One tenant has arranged with the private landlord to move out and we found a replacement.

We thought this would involve a name change on the current agreement, but yesterday the landlord (no agents are involved) dropped off a new agreement for us to sign and a note asking for £100 in admin fees each and £30 for the new tenants deposit scheme registration. £330 in total.

I paid these fees when I moved in, and on renewal. I didn't challenge them then out of stress and laziness, but now that we're being charged midway through the tenancy I want to know where I stand!

I've contacted the CAB, but they didn't call at the appointment time agreed and I haven't been able to get back through to them.

There's nothing in the agreement stipulating about ending or changing the agreement, nor fees, besides requirement that notice be given by the landlord under housing acts and the Law of Property Act 1925. The length of notice isn't listed, but it says it needs to be a letter posted by recorded delivery, which hasn't happened.

The proposed move date is the end of this week, so any advice would be very appreciated!

thesaint

I would be asking the tenant that is leaving to pay, as he/she can't saddle you with this money that now needs to be paid because of a deal they have arranged between themselves and the landlord.

Pixie5740

I actually find myself agreeing with thesaint. Fair enough that the incoming tenant pays their £100 fee and maybe at a stretch the £30 too but the £200 should be paid by the outgoing tenant as they are the one who has caused this situation.

Sloneu

Thanks for the reply, but that's been discussed already between us. I'm questioning if the fees are fair at all.

G_M

You have a fixed term tenancy in 3 names lasting till July 2016.

You (the joint tenants) wish to either
1) surrender this early and create a new one, or
2) vary the existing one via a Deed of Variation ( substituting a name).

the Landlord seems to have agreed to option 1 above.

He can pretty much impose whatever conditions he wants in return for agreeing. (whether option 1 or 2).

The problem has arisen because of one of the 3 joint tenants. The cost should therefore be borne by that tenant.

Guest101

The fees are fair.


If you don't like them, refuse the contract. The outgoing tenant moves out. You get a lodger in to cover their share.


The outgoing tenant remains liable legally for the whole rent.


So they can either pay to create a new tenancy or trust you and housemate B.

Sloneu

Thanks for the replies.

I don't have a problem with fees if they are reasonable and notified. When I moved in they were first mentioned 3 days before signing by a note put through the letterbox. When I asked what they were for I was only told "admin". This is a private landlord, no agencies are invovled, no credit or reference checks have been performed, and the tenants did all of the viewings to find a replacement.

I know private landlords have costs, but aren't there costs which can and cannot be passed onto the tenant? What am I neglecting that costs £300 for each new agreement, that isn't already covered by the rent?

G_M, I'm surprised you think the landlord can charge whatever they want. Perhaps in practice, but my question is whether it can be challenged.

marksoton

Sloneu wrote: »

G_M, I'm surprised you think the landlord can charge whatever they want. Perhaps in practice, but my question is whether it can be challenged.

So challenge them with the LL. But expect a no, and potentially a deteriorating relationship thereafter..

Guest101

Sloneu wrote: »

Thanks for the replies.

I don't have a problem with fees if they are reasonable and notified. When I moved in they were first mentioned 3 days before signing by a note put through the letterbox. When I asked what they were for I was only told "admin". This is a private landlord, no agencies are invovled, no credit or reference checks have been performed, and the tenants did all of the viewings to find a replacement.

I know private landlords have costs, but aren't there costs which can and cannot be passed onto the tenant? What am I neglecting that costs £300 for each new agreement, that isn't already covered by the rent?

G_M, I'm surprised you think the landlord can charge whatever they want. Perhaps in practice, but my question is whether it can be challenged.

LL can charge whatever he wants for an early surrender - £1 or £1,000,000. You don't have to agree, but neither does the LL.


Similarly, no the admin costs aren't real. The LL may as well say he charges £100 because he can.

mrginge

Why do you think the landlords costs are any of your business?

When you pop down to Asda do you ask them how much a tin of beans costs them?
When you go back the next week do you ask for a reduction because you bought a different tin of beans the previous week?

No you don't.

Stop being so ridiculous.

G_M

The bottom line here is ou signed a binding contract. Three named tenants till July.

LL is under no obligation to change anything. He has kindly agreed to let you end the tenancy ealy.