Estate agents charging for re-reference. Please help!

rebel_scum

Hi,

I live in a house with my friend and girlfriend as co-tenants. My friend is moving out, so our estate agent Sutton Kersh wants to re-reference me and my girlfriend to the tune of £225 each. This seems especially harsh seeing as I've lived there for a year and a half and she's only been referenced 3 months ago when she joined the tenancy agreement. They say it's because the initial reference for her was based on three people living in the property, but this just seems like extortion.

Does anyone have any advice or know of any way round this charge?

Thanks.

bob_bank_spanker

Just say no.

They can't kick you out, that is down to the Landlord. And I'd be astonished if a LL gave someone a section 21, because his agent wanted a little more wedge.

elverson

Speak to the landlord about it.

Pixie5740

They are not your estate agent a) they are a letting agent and b) they work for the landlord not you.

Your friend is moving out. Did your friend serve notice to terminate the joint tenancy?

sheff6107

"They work for the landlord not you"

Assuming the landlord even knows and his happy to risk his agent charging his tenants £550 and thus risking his tenants moving out or not being able to pay rent to him

Guest101

sheff6107 wrote: »

"They work for the landlord not you"

Assuming the landlord even knows and his happy to risk his agent charging his tenants £550 and thus risking his tenants moving out or not being able to pay rent to him

Best speaking to the LL. Your point doesn't negate the fact that the agent works for the LL.

Pixie5740

sheff6107 wrote: »

"They work for the landlord not you"

Assuming the landlord even knows and his happy to risk his agent charging his tenants £550 and thus risking his tenants moving out or not being able to pay rent to him

Since the landlord hired the letting agency in the first place you'd like to think that (s)he is vaguely aware about who works for whom.

It's important to understand what is happening with the contract. Has the tenant who is leaving served notice to end the joint tenancy in which case if the OP remains in the property will be liable for double rent under the Distress for Rent Act 1737? Has no notice been served in which case the outgoing tenant remains jointly and severally liability for the rent? Has it been proposed that a Deed of Variation will be carried out to change the names of the joint tenancy on the contract?

Charging both the OP and his girlfriend seems a little bit excessive but there is no legislation to stop the letting agent from doing it. The OP can certainly try and speak to the landlord but it really depends on what the letting agent is doing for the money. Presumably there won't just be referencing costs but also the cost of either drafting (change a few details) on a tenancy agreement or deed of variation.

saajan_12

I would certainly try to negotiate that the previous references give all the relevant information and are fairly up to date especially for the gf, and the LL should decided whether the total income etc of two people is sufficient.

However ultimately the LL/agent doesn't have to give you another tenancy. Then,
- If notice has been served on the joint tenancy then all 3 of you will be liable for double rent after the expiry of the notice until everyone vacates.
- If notice hasn't been served, the tenancy will become periodic after the fixed term. All 3 tenants will still be liable for all the rent until the LL serves a Section 21 notice.

ballisticcrux

Hi,

Just so everyone is aware, I'm the co-tenant moving out in question, everything is above board between us and the move is amicable between the three of us at the property. I would assume that I am not in breach of the tenancy agreement because I am moving out once it ends on the 10th of July this year, I have simply inquired with our letting agency to remove my name from the renewal. Their justification is that they want to ensure for the landlord that rebel_scum and his partner are able to afford the rent in my absence and they are doing this to protect the landlord. Also some vague mentioning about insurance documentation not being up to date for this change.

ballisticcrux

Also just to note the LL is Simkin Group which from a quick google seems to be from Texas so I dont think we are going to get anywhere with them

Pixie5740

You simply moving out at the end of the fixed term does not end the joint tenancy. For that to happen all the joint tenants would need to leave by that date unless a new agreement is signed by those who wish to stay on in the property.