Change of tenancy agreement - Transferring deposits

cjprimrose

Hi, First post here as situation merits it.

I'm moving into a houseshare with 2 existing tenants and a 3rd is leaving (mid tenancy). I am taking her room. They have a joint tenancy agreement and the 3rd girl is leaving before the end of the tenancy with me to replace. There was an agency fee of £372 to re-let the room and complete the associated admin with changing the name on the agreement from hers to mine. This has been paid and my referencing has been accepted.

The letting agent is now asking me to sign a "legal document" stating that I must pay the leaving tenant her share of the deposit (directly) and that I am accepting all liability for her share of the rent and potential property damage. I am happy to do this if I can have in writing something from the agent or landlord to state that they are happy that no potential loss of the deposit has been incurred up to this point. I.e. if the leaving tenant has damaged her bedroom then she is not entitled to her full share of the deposit. They have refused to do this and have said it's my responsibility to make a private arrangement with the leaving tenant to agree how much of her deposit share she is owed.

I do not know the leaving tenant very well and i'm sure they're honest but if they have caused any damage why would they disclose it to me or have any obligation to come to an agreement with me about the value of the deposit. Its not in their financial interest to do so why would they? I have raised this with the estate agent who are refusing to budge on this and have given me a time limit to sign the document and make the private agreement with the leaving tenant.

Can anyone advise me what to do? Is this even legal by the estate agent? Should the deposits not go through the estate agent, instead of dealt with privately.

I don't want this to fall through because I spent ages finding these housemates and the room and they're perfect but at the same time I don't want to be liable for something for which I have absolutely no control over. For all I know they're could be holes in the wall behind the bed and massive stains in the carpet under the furniture.

Thanks

Pixie5740

The letting agent is being lazy. They should return the deposit to the existing tenants and then protect a new deposit for you and the other remaining tenants.

You are quite right that you only want to cover the cost of any damage/cleaning that you might be liable for, not what you and a previous occupant caused.

marksoton

Tell the agent to foxtrot oscar and do things bloody properly.

ap1985

I would definitely dispute this with the agency. You don't want to lose your deposit on damage which isn't occurred by yourself.

cjprimrose

Thanks for the reassurance. I didn't think I was being unreasonable however I still don't know how to proceed. Is there anything in law I can use to leverage them to do it properly.

For reference this is taken from the agents website.
"Should tenants wish to change an occupant during the fixed term of a tenancy then a change of occupant fee of £372 (inc VAT) will apply for the first tenant. For each additional tenant replacement a fee of £180 (inc VAT) will apply as long as this is carried out at the same time as the first change of occupant. These charges include all the administration involved in this process including referencing, tenancy agreements and the charge of re-protecting the security deposit. It is important to note that a landlord does not have to accept a request for a change of occupant during the fixed term of a tenancy."

marksoton

cjprimrose wrote: »

Thanks for the reassurance. I didn't think I was being unreasonable however I still don't know how to proceed. Is there anything in law I can use to leverage them to do it properly.

For reference this is taken from the agents website.
"Should tenants wish to change an occupant during the fixed term of a tenancy then a change of occupant fee of £372 (inc VAT) will apply for the first tenant. For each additional tenant replacement a fee of £180 (inc VAT) will apply as long as this is carried out at the same time as the first change of occupant. These charges include all the administration involved in this process including referencing, tenancy agreements and the charge of re-protecting the security deposit. It is important to note that a landlord does not have to accept a request for a change of occupant during the fixed term of a tenancy."

So effectively they're happy to take the fee but not do the work.

They should be doing a check out with the existing tenant and a check in with you. THEY ( really the LL) should be returning the current tenants deposit and then protecting yours.

No matter how much you want this place the demands from these muppets i wouldn't touch with a bargepole.

cjprimrose

marksoton wrote: »

No matter how much you want this place the demands from these muppets i wouldn't touch with a bargepole.

Problem is there's a fair chance i'll have to go through the whole rigmarole of finding another houseshare and the next agent might be just as bad. I've also already parted with £372 which I wouldn't get back. For that and the general principal I really want to fight this!

itchyfeet123

cjprimrose wrote: »

Thanks for the reassurance. I didn't think I was being unreasonable however I still don't know how to proceed. Is there anything in law I can use to leverage them to do it properly.

For reference this is taken from the agents website.
"Should tenants wish to change an occupant during the fixed term of a tenancy then a change of occupant fee of £372 (inc VAT) will apply for the first tenant. For each additional tenant replacement a fee of £180 (inc VAT) will apply as long as this is carried out at the same time as the first change of occupant. These charges include all the administration involved in this process including referencing, tenancy agreements and the charge of re-protecting the security deposit. It is important to note that a landlord does not have to accept a request for a change of occupant during the fixed term of a tenancy."

What a joke.

marksoton

cjprimrose wrote: »

Problem is there's a fair chance i'll have to go through the whole rigmarole of finding another houseshare and the next agent might be just as bad. I've also already parted with £372 which I wouldn't get back. For that and the general principal I really want to fight this!

I get that. But by agreeing to their terms you're taking a risk.

itchyfeet123 wrote: »

What a joke.

Quite. In fact i'm not even sure this charge is legal. But i stand to be corrected.

cjprimrose

marksoton wrote: »

I get that. But by agreeing to their terms you're taking a risk.

But if I win the argument they'll be changing their terms and I won't be agreeing to them. ;-)

I've since been sent a draft copy of the tenancy agreement and it is an assured short term tenancy (AST). I've also spoken to the TDS who said from their side of things it is possible to amend a name on a protected deposit without a new agreement. They basically said the terms of the agreement are between the agent, the tenant and the landlord. The names on the deposit mean diddly squat and can be changed easily. I found that hard to believe but that's what she said.

That being said I spoke to a web chat helper at shelter who said that it's not possible to simply change a name on an AST. Once one person on the agreement has handed notice a new agreement must be written and the deposits re-secured. Which ties in with what the agent has said on their website "re-protecting the security deposit". If that's true a new agreement would mean I am not liable for any damage that may be present when I move into the property.

Anyone have any comments on this before I go in hard on the estate agent?

Heliflyguy

I may be wrong and the more experienced will point this out if I am but if the deposit is not re protected will that not make any S21 notice invalid.

If that is the case then letting the LA know might make them do the transfer correctly.