Are letting agents obliged to do ‘assignment of tenancy’?

hart89

We want to do one to avoid fees, they are saying they”don’t do it” and can’t give me a valid reason why. I asked our landlord if she’s happy for us to do an assignment and she’s aid yes. But letting agency want us to end current contract, and start up a new one which means fees for starting new contract, check out inspection and also to do new inventory. We feel it’s all so tha they can get more fees from us!! Are they allowed to just say they “don’t do” a assigment go tenancy?

I have found a PDF of the deed online and it’s a 2 page document .

anselld

They can refuse you, but since they work for your Landlady they will have difficulty refusing if she instructs them.

theartfullodger

The agent may well know that "assignments" are often flawed and thus leave you & the agent & landlord in a middle.

Much safer all round to surrender tenancy, return deposit after checkout, then sign newAST with new named tenants.

Others may hold alternative views.

hart89

There!!!8217;s 3 of us now and we want to continue the tenancy as 2 people, and not introduce a new tenant. Can we do this on a assignment or do you have to have a new tenant come in? We don!!!8217;t want to have to pay all new fees, and also want to leave the deposit in the DSS and split it 3 ways when we all vacate, rather than having it released at end of tenancy and putting it back in and doing new inventory etc.

G_M

The agent works for the landlord. So if the LL instructs his agent to do it, they mustt either do so, or withdraw from their contract with the LL and cease acting as his agent.

Trouble is many LLs rely on their agents, either delagating all decisions to them, or accepting their 'advice' without question.

So it depends on your relationship with your LL, and how 'hands on' he is prepared to be.

anselld

hart89 wrote: »

There!!!8217;s 3 of us now and we want to continue the tenancy as 2 people, and not introduce a new tenant. Can we do this on a assignment or do you have to have a new tenant come in? We don!!!8217;t want to have to pay all new fees, and also want to leave the deposit in the DSS and split it 3 ways when we all vacate, rather than having it released at end of tenancy and putting it back in and doing new inventory etc.

That is not an assignment, it is just somebody leaving the house.

If the person leaving is happy to wait for their deposit and remain on the contract then just keep paying the rent between the two of you. No need for any paperwork.

G_M

hart89 wrote: »

There';s 3 of us now and we want to continue the tenancy as 2 people, and not introduce a new tenant. Can we do this on a assignment
yes
or do you have to have a new tenant come in?
no
We don't want to have to pay all new fees, and also want to leave the deposit in the DSS (:rotfl:) and split it 3 ways when we all vacate, rather than having it released at end of tenancy and putting it back in and doing new inventory etc.

Seems a bit hard on the outgoing tenant not to get his deposit back when he leaves!

The 2 'remainers' should give the 'leaver' 1/3rd of the deposit from their pockets. The tenancy is then assigned tto them, and in due course, when they leave & the deposit is returned they will split it beween the 2 of them

G_M

anselld wrote: »

That is not an assignment, it is just somebody leaving the house.

.

Not if the 3 names on the tenancy agreement are assigned to 2 names.

pmlindyloo

Has the third person left during a fixed term tenancy or at the end?

hart89

They will leave at the end of the fixed term. But the deposit we get back is based on the condition of the house when we leave, we plan to be gone a couple months after the fixed term. If there!!!8217;s any deductions then it will be removed from the 2 remaining tenants and not split and taken from the 3. And also us 2 will have to do deep clean of thw house and get garden up to standard to get as much deposit back as poss, I don!!!8217;t see it!!!8217;s fair that we buy the leaving tenant out of their deposit and they get full deposit back.

But if we do check inspection and new inventory the 2 remaining tenant will be charged to do all this and also to set up a new contract, and then we have to top up the deposit to make it up to what the original deposit is.

Surely there!!!8217;s a fairer way to do it?

hart89

Sorry for all the typos... I can!!!8217;t go back to edit them on my phone for some reason haha!!