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Joint tenancy - can one remain when the other leaves

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Comments

  • sezzer
    sezzer Posts: 15 Forumite
    The letting agent was waiting on an email from the DPS to determine if I could stay on the property apparently.

    Yes I understand those are my options. But it does seem unfair to then hike the rent by £100 per month.
  • I got the impression OP meant it was £100 more than what they were paying combined previously (so double the old rent to cover a two person share plus an extra £100 on top of that) - might be wrong though!

    If that is the case, it makes no sense. Sounds like they really don't want the OP there at all...
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    sezzer wrote: »
    The letting agent was waiting on an email from the DPS to determine if I could stay on the property apparently.

    There's either been some crossed wires or the LA is talking !!!!. It has nothing to do with DPS as to whether you can remain in the property or not with a new TA.
    sezzer wrote: »
    Yes I understand those are my options. But it does seem unfair to then hike the rent by £100 per month.

    New TA new rent. How does the current rent + £100 compare with similar rental properties in the area?

    Take it, leave it, or negotiate a different rent amount.
  • saajan_12
    saajan_12 Posts: 5,139 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What happened with previous / other people's properties is irrelevant. Sure if one tenant wants to move out and no notice is served, the tenancy can be transferred by a 'Deed of Variation' or the original tenants can stay on the agreement and take on a subtenant / lodger to cover some of the rent.

    However in this case, valid notice has been served, ending the tenancy. As such, the LA is correct all tenants and their posessions must vacate or be liable for double rent. The LL and tenant may then enter into a new agreement to create a new tenancy starting after the first notice expires, with a new combination of tenants and new rent level - it's all up for negotiation.

    As for WHY the LA isn't / wasn't flexible, few possibilities:
    - LL / LA doesn’t want to rent to you alone (can’t fulfill affordability alone, doesn’t want single people, thinks you might damage more??)
    - LA gets more fees for finding a new tenant, referencing, new contract inventory etc than they would for you
    - LL / LL wanted to evict anyway and want to use this as an opportunity to raise rent / repair
    Now it seems the LL has used this changeover as a time to raise rent as is their right, dispelling any other thoughts as they are also avoiding a void. You can now choose to agree or decline.
  • jbainbridge
    jbainbridge Posts: 2,027 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    saajan_12 wrote: »
    As for WHY the LA isn't / wasn't flexible, few possibilities:
    - LL / LA doesn’t want to rent to you alone (can’t fulfill affordability alone, doesn’t want single people, thinks you might damage more??)
    - LA gets more fees for finding a new tenant, referencing, new contract inventory etc than they would for you
    - LL / LL wanted to evict anyway and want to use this as an opportunity to raise rent / repair
    Now it seems the LL has used this changeover as a time to raise rent as is their right, dispelling any other thoughts as they are also avoiding a void. You can now choose to agree or decline.

    This - an opportunity for fees. No LA is going to let that go!
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