Advice about battling with letting agency and giving notice

stardust09

I've finally resolved this. After being passed around a few different people who had no idea about how to handle this situation, I was told that the other tenants could continue with the tenancy alone as long as they signed to say they understood they'd be liable for all the rent.

They can then add a Permitted Occupier in due course - at a fee to the PO of £425! From what I can gather, this only covers a reference check and the cost of drawing up a Permitted Occupier agreement. We have to find our own replacement tenant and deal with the deposit between us.

I am so pleased that I'm getting out of this contract...

Guest101

stardust09 wrote: »

I've finally resolved this. After being passed around a few different people who had no idea about how to handle this situation, I was told that the other tenants could continue with the tenancy alone as long as they signed to say they understood they'd be liable for all the rent.

They can then add a Permitted Occupier in due course - at a fee to the PO of £425! From what I can gather, this only covers a reference check and the cost of drawing up a Permitted Occupier agreement. We have to find our own replacement tenant and deal with the deposit between us.

I am so pleased that I'm getting out of this contract...

For goodness sake, what's a permitted occupier agreement when it's at home.....?


(are you getting out of it? It doesn't seem that way to me...)

Pixie5740

stardust09 wrote: »

I've finally resolved this. After being passed around a few different people who had no idea about how to handle this situation, I was told that the other tenants could continue with the tenancy alone as long as they signed to say they understood they'd be liable for all the rent.

Does this mean the remaining joint tenants will be signing a brand new AST which will be in their names only i.e. without you being named on it?

stardust09 wrote: »

They can then add a Permitted Occupier in due course - at a fee to the PO of £425! From what I can gather, this only covers a reference check and the cost of drawing up a Permitted Occupier agreement. We have to find our own replacement tenant and deal with the deposit between us.

There's no need for a permitted occupier agreement and certainty not one that costs £425. You could just be a lodger of the other occupants.

Who will this replacement tenant be replacing? You? Surely that would make them a permitted occupier (in the eyes of the landlord) and not a tenant because they wouldn't be named on the tenancy agreement since you will not be named on the tenancy agreement.

As for this nonsense about giving deposits to outgoing tenants that's just a cluster!!!! waiting to happen.

stardust09 wrote: »

I am so pleased that I'm getting out of this contract...

I bet you can't wait and I don't blame you. This letting agent sounds dreadful. Just make sure you really do get out of any contract with them.

stardust09

Yes, the new contract will be in the other three names only. I have handed in written notice of my intention not to renew and not sign a new contract. I will have no legal responsibilities after early February.

The other three will be tenants and then they can add a permitted occupier in due course to help out with the rent. We have been told that if anyone moves in without PO status, it will be illegal and they need to pass the agency reference checks first. Such tosh!

Pixie5740

Tosh is one word for it

Guest101

stardust09 wrote: »

Yes, the new contract will be in the other three names only. I have handed in written notice of my intention not to renew and not sign a new contract. I will have no legal responsibilities after early February.

The other three will be tenants and then they can add a permitted occupier in due course to help out with the rent. We have been told that if anyone moves in without PO status, it will be illegal and they need to pass the agency reference checks first. Such tosh!

Illegal!


(just reminds me of the opening scene of pineapple express)

saajan_12

stardust09 wrote: »

We have been told that if anyone moves in without PO status, it will be illegal and they need to pass the agency reference checks first. Such tosh!

There can only be an issue with any new occupants moving in without permission if
- The new tenancy agreement has a clause requiring permission
- The LL/LA find out about the new occupant
- The LL suffers any losses they can prove as a result of the new occupant (e.g. more wear and tear than expected?? can't imagine how they'd prove that.. )

stardust09

saajan_12 wrote: »

There can only be an issue with any new occupants moving in without permission if
- The new tenancy agreement has a clause requiring permission
- The LL/LA find out about the new occupant
- The LL suffers any losses they can prove as a result of the new occupant (e.g. more wear and tear than expected?? can't imagine how they'd prove that.. )

The contract does ban us from sub-letting without permission - of course!

As for wear-and-tear, the property hasn't been redecorated for about 10 years at least, the carpets are probably 15 years old and very moth-eaten (yes, holes everywhere!), and recently the plumber discovered extensive woodworm in the floor joists under the downstairs toilet leaving the wood crumbling like powder. He suspects it's spread to under the stairs, hallway and living room but the owners don't want to pay to have it investigated further (so we have a temporary floor in the tiny downstairs toilet, but it'll probably be permanent!). There has been a terrible damp problem in the kitchen for at least 9 years and various other things have stopped working properly too.

Proving wear and tear would be impossible, especially as most of this is documented in the property file already!

But £425 for adding a Permitted Occupier?! :eek: It was £200 in the summer of 2015, had gone up to £395 by October 2016 and now it's £425, just 3 months later? I'm glad I'm not paying it! :mad:

Pixie5740

I don't know many people who would pay £425 to be a lodger.

stardust09

Pixie5740 wrote: »

I don't know many people who would pay £425 to be a lodger.

Exactly. It's not exactly a billionaire's mansion with high class fixtures and fittings. But that's the way letting agencies are around here and rental property is in high demand. To be honest, if I was my housemates, I would subside the cost to encourage someone to move in - it's cheaper than covering the rent for an empty room for months. So unfair though. Letting agencies always change the rules to suit themselves - and their pockets - because they know they have the monopoly and have people over a barrel if they want to move into a specific property.