Agent wants to withdraw tnancy agreement after just 3 months

swingaloo

Im posting on behalf of a friend (Not to be confused with the other thread I have going regarding an issue some other friends are having).

This friend and his partner moved into a new rental property at the beginning of January. Suddenly this week with no warning his partner left him and moved out. He wasnt too worried about the financial side as he has always been the one to pay for all bills and she has done the food shop so he knewe he could still manage. The tenancy is just in his name.  He has a 6  month contract and the 3rd rent payment is due on March 1st. 

But, the ex partner has gone to the letting agent and told them she has moved out . Being in a vindictive mood she has also told the agent that he will now not be able to afford the rent on his own. 

The letting agent has rung him and told him that 'As they were given the house on the basis of both their wages it will now  be necessary for him to sign a new contract at a cost of £50' and that 'As it looks doubtful his wage will be enough to qualify for the rental amount (even though he can manage it) he may have to leave the house'.

Is what the agent says correct? I would have thought that as he has a 6 month contract that as long as he pays the rent on time he should be safe or am I mistaken?

Can anyone advise please. Thank you

anselld

You are correct.  No need to do anything, contract remains valid.  

Why did he even bother to mention to the agent if she was no even on the agreement?

swingaloo

Thank you for the reply, he didn't mention it to the agent. Its the ex tht has gone to try to cause him trouble.

ratechaser

...and naturally the agent sees an opportunity to make a dodgy fast buck. Frankly needs a good slap, but in the scheme of things, ignoring might be the most sensible option.

notrouble

Not even worth responding. Just ignore.

The tenant has a valid tenancy agreement, and provided he pays the rent when it is due, the landlord/agnt cannot complain!

JuzaMum

He doesn't need to renew or move out when the six months are up either

diggingdude

Do it Comic Con style.  Suggest to the agent (check its the agent and not ex's friend) that they would be happy to sign but that friend charges £5k for their autograph (but they can take a selfie with you for just £10 at the same time).

Or....remind them there is a signed contract and that being the detestable worm they are, agent can kindly go away and multiply

swingaloo

Have now had an update and it appears that he gave me incorrect info. His ex did sign the tenancy agreement, apparently he is down as Lead Tenant and she had to co-sign as she would be living at the property with him.

Which leads me to ask another question- His agreement is still valid so as long as he continues to pay the rent I would have thought there is nothing they can do even though they are saying they would not have allowed him the tenancy had he been on his own when he applied. But, should they not be telling her that as she has co-signed the agreement that she is in breach and as such still jointly responsible for the rent (although obviously he is going to be paying it all anyway).
Shouldn't the agent be 'threatening' her rather than him?

davidmcn

No, joint and several liability means the creditor can chase whichever joint debtor they want to. If one pays more than their fair share, that's for them to sort out between themselves.

notrouble

swingaloo said:

Have now had an update and it appears that he gave me incorrect info. His ex did sign the tenancy agreement, apparently he is down as Lead Tenant and she had to co-sign as she would be living at the property with him.

Which leads me to ask another question- His agreement is still valid so as long as he continues to pay the rent I would have thought there is nothing they can do even though they are saying they would not have allowed him the tenancy had he been on his own when he applied. But, should they not be telling her that as she has co-signed the agreement that she is in breach and as such still jointly responsible for the rent (although obviously he is going to be paying it all anyway).
Shouldn't the agent be 'threatening' her rather than him?

The advice regarding the need for a new contract is unchangd by this. The existing joint tenancy continues. It is not affected just because one tenant has chosen to move out. Both joint tenants remain equally liable as before.

If rent arrears do arise, the landlord (or his agent) can chase either joint tenant, or both of them, though in practice LLs tend to chase the one whois in occupation - not for legal reasons but just beause it is easier.

If the tenant who has left wants to end their liability/responsibility, there are 2 ways, but both require the agreement of both joint tenants and the landlord:

1) surrender the tenancy early (and then potentially the remaining tenant can negotiate a new sole tenancy to start)

2) assign their tenancy to to the remaining tenant (or a replacement). The existing tenancy continues but with new agreed named tenant(s).