Advice about a Change of Occupancy contract

ideas_aggressive

Hi,

I'm living in London, recently been looking for a new place and after a long time searching I found a room in a shared house; The person is moving a couple of months before his tenancy contract runs out. I like the room and location and agreed in getting it!
The State agent got in touch, asked for 300 pounds ( google for atkinsonmcleod fees * sorry as a new member I'm not allowed to share lnks ) for "Amendment of tenancy to include a change of tenant".

I'll have to pay another 180 once the contract is renewed (if renewed) - as you can imagine, I don't know much about the current occupiers and have to trust that they're going to renew the contract - verbal agreement.

A viewing usually takes not more then 20m and most obviously, you're not checking for any damages under the bed, behind the windows, etc.

I also got a `Change of Occupancy` contract to sign, that I don't agree where it says `Upon signing this agreement I accept the property as seen and agree that I will return it to the condition when the tenancy first commenced in`;
The reason why I don't agree is common sense, there's no way I can know about the condition when the tenancy first commenced in. I'm responsable for things I damage from my own actions, etc.

Here's the full contract that they ask me to sign:

"Change of Occupancy

Address:

Incoming tenant

Name:

I understand that I am accepting full responsibility for the tenancy in its entirety. I understand that this may result in me becoming liable for events, actions or inactions that occurred prior to the date I moved into the property. This will include, but not be limited to, deductions from the deposit due to damages in the property at any date within the tenancy- even where the damages occurred prior to my move in.

Upon signing this agreement I accept the property as seen and agree that I will return it to the condition when the tenancy first commenced in"

I know about a lot of horror stories about state agencies like atkinson mcleod and others. I had a chat with tenant that is moving out & asked the simple question if everything is in the right conditions, etc which he says it is and he is responsible for any damages he may leave behind - but obviously this is verbal agreement.


I wonder if someone can advice me here or share some hints!

Guest101

London is a crazy place.


I'd tell the agent to swivel personally....


(im unsure whether this would be enforceable - my instinct is to say no)

pmlindyloo

First of all is this a joint tenancy or a tenancy in a single name?

How many people are living in the shared house? Is it a HMO and have all the regulations for this been met?

Are you paying a deposit?

It seems that the agency bis returning the previous tenant's deposit to him/her without doing an inventory on the room. You should insist on this.

These are the questions that you should be asking the LL/LA.

Without their answering these questions in writing then I agree that you should walk away.

ideas_aggressive

It's a joint tenancy and there is 3 other people, a total of 4 people in a 4 bedroom house.
I'll pay the deposit directly to the tenant that is living and the agency is the one who suggests it.

Here's the lettings coordinator email:

"- There is an administration fee of £250 + VAT (£300) to be paid, once we have received this I can instruct the referencing.

- For the referencing I will need the full name, email address and phone number of the prospective replacement – I will also need a clear photo of their passport photo page to verify their right to rent within the UK.

- I also need to know what your share of the rent is. * question for the current tenant

- Once the referencing has been completed successfully I can update the tenancy agreement and the deposit protection information

- In regards to the deposit – it is best if the prospective tenant pays you for your share, which will then be returned to them from the original amount at the end of the tenancy"

pmlindyloo

What is being suggested can cause huge problems. This is what Shelter says about your situation

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

You could give them a call to check.

Of course, in the end, only you can decide if you want to take the risk.

G_M

1) If it's a joint tenancy, then any document/contract/deed to change one name (ie substitute your name for the departing tenant, must be signed by
* the departing tenant
* the new tenant
* ALL the other joint tenants
* the landlord

2) since you are taking over the existing tenancy, you have no guarantee of what will happen when it ends in 2 months.

3) you will be agreeing to pay for any damage done during the tenancy. Not from when you move in, but from when the previous person moved in!

4) since you are giving your deposit to the outgoing person,, you should check the original check-in inventory that he signed, and compare it with the condition now. If there is anything missing, or damaged, you need to deduct the cost from the deposit you hand over, since you will have to pay for this damage when you leave

Far better, if possible, to

1) have a new tenancy in your sole name, or
2? have a new joint tenancy in the names of yourself and the others who remain, or
3) sub-let from the outgoing tenant for 2 months, and then do 2) above

Howevar I realise it is dificult to pursuade an agent/landlord to arrange things the way you want......