Letting agent wont supply tenancy agreement.

Jamesingram1

Hi.


I started renting a house with a friend at the beginning of the year. We had a joint tenancy, but she moved out, I have since been paying the rent on my own.


I asked the LA for a copy of the tenancy with her name removed, they said I still need to be re referenced or take on another person and have them referenced,


The way I see it, is that I live here, and I pay the rent, I have already been referenced when I moved in, I am also not prepared to pay give them information. If they want the information then they should be paying me to give it to them!


What's my position here?

theartfullodger

The tenancy continues, as an AST, with both you you still each liable for all the rent, whilst one remains in occupation.


Any landlord or agent would be frankly daft to agree to taking one off (legally tricky anyway..) as that means 1 not 2 people to sue if things go wrong.



How long was initial tenancy? After fixed term ends (assuming E or W) either can give notice which ends the tenancy for both. But you could end up homeless.


I can't see any benefit to you in getting her name off. If you want to get a lodger just check it's OK with her - I wouldn;t bother informing landlord or agent.

pmlindyloo

You need to give us details of your joint tenancy.

When did it begin? Was it for a fixed term? Did the other joint tenant move out before the end of the fixed term? Did they give notice to the landlord? Did you agree with the landlord to continue the tenancy on your own?

Exactly what happened?

Comms69

You aren't entitled to remove the other joint tenant unilaterally. So the agents are correct.

Chris_W_2

The LA would be expected to ensure that you are a viable tenant that can fit the criteria as a sole tenant on a new tenancy agreements whilst in practice this is already the case this has to be verified via a new formal reference.

The referencing carried out previously is not applicable or relevant to the new tenancy agreement that you may want in your sole name.

The LA will charge you for being referenced again and a new contract.

Alternatively you can just continue with the current tenancy as it is.

Do you need it to be just in your name only?
Does the joint tenant realise that even though they have moved out they are still responsible for the tenancy?
I would ask the joint tenant to pay your costs etc as its them that has moved out and if they dont come off the tenancy they are still bound by it

thelem

You're not asking for a copy of the tenancy agreement, you're asking for a new tenancy.


The current tenancy is between you, your friend and the landlord. When you signed that agreement the letting agent made a judgement that you would be able to afford to pay your share of the rent.


You are now asking for a new tenancy between you and the landlord. The letting agent needs to make a new judgement about whether you can afford to pay the whole rent on your own.


You might be thinking "what does it matter, so long as I pay the rent on time?", but how does the agent/landlord know that will continue to be the case? If it turns out you can't afford the rent in the future then your landlord is likely to lose a significant sum in lost rent and eviction costs, so they want to protect themselves from that risk.


It's unfortunate you've rented through an agency rather than directly with the landlord, as agents make money by doing things like referencing checks. Renting directly with the landlord often means you get to know them and build up a level of trust, so they are less likely to make you jump through hoops like this.

Jamesingram1

It's an AST. But it's now in the one month rolling stage.



So am I to understand that even though she has moved out and has given written notice she has left, that she still has a rental liability?

saajan_12

Jamesingram1 wrote: »

Hi.

I started renting a house with a friend at the beginning of the year. We had a joint tenancy, but she moved out, I have since been paying the rent on my own. - okay, thats between you but for your agreement with the LL, you and friend are still jointly liable.


I asked the LA for a copy of the tenancy with her name removed, - so that's not just printing a copy, that's requesting a new legal relationship where fewer people are jointly liable for the rent.
they said I still need to be re referenced or take on another person and have them referenced, - IF you want to change the group of people liable for the rent, then the LL wants to check the new group can afford the rent without the friend. They could use the info from when you were first referenced and check if the income etc stacks up, but that could have changed and they may not even still hold the data due to GDPR etc.


The way I see it, is that I live here, and I pay the rent, I have already been referenced when I moved in, I am also not prepared to pay give them information. If they want the information then they should be paying me to give it to them! - but they only want the info because you want a new tenancy. You can't unilatterally change the tenancy, and the LL/LA has named their price (namely rereferencing and subject to sufficient income etc for sole tenancy). You can take it or leave it.


What's my position here? - the LA is right. You can stay on the current tenancy or get re referenced.

Jamesingram1 wrote: »

It's an AST. But it's now in the one month rolling stage.

So am I to understand that even though she has moved out and has given written notice she has left, that she still has a rental liability? - what notice did she give? If it was to end the tenancy then you're currently in breach and could be liable for double rent. Any other notice for one person to leave is legally meaningless, in which case the joint tenancy and joint liability continues.

The key is what was agreed when friend moved out - was a deed signed, assigning the tenancy to you alone and signed by the LL? Please quote, else I expect the existing joint tenancy continues.

IF you want to change it then the LL can name their price, namely rereferencing and agreement if you pass their criteria. If you don't like their price, then stay as is.

KittenChops

Jamesingram1 wrote: »

It's an AST. But it's now in the one month rolling stage.

So am I to understand that even though she has moved out and has given written notice she has left, that she still has a rental liability?

If she gave notice, I think technically that the notice would have been for the (joint) tenancy, not just for her...? Someone else more knowledgeable than me will be able to confirm...

Chris_W_2

So am I to understand that even though she has moved out and has given written notice she has left, that she still has a rental liability?[/QUOTE]

Who did she given written notice too? if it was just to you then yes she not only has rental liability but liability for the tenancy agreement

Pixie5740

Jamesingram1 wrote: »

It's an AST. But it's now in the one month rolling stage.



So am I to understand that even though she has moved out and has given written notice she has left, that she still has a rental liability?

What exactly did the written notice say? What was it written notice of, just that she was moving out or to end the AST?

KittenChops wrote: »

If she gave notice, I think technically that the notice would have been for the (joint) tenancy, not just for her...? Someone else more knowledgeable than me will be able to confirm...

That's not a technicality it would be the legality of the situation if indeed notice was served to end the tenancy and not just that she was moving out.