Landlord acting illegally - please advise

zippygeorgeandben

Hi everyone,

So I have a terrible landlord.  However, I won't go into why and will just give you the facts.

I have a joint tenancy with my ex partner who moved out recently.  I have asked the estate agents whether I can advertise for a flatmate and they have come back to me.

They asked the LL and he said yes. The estate agents have just said to me the following "This is a stumbling block I have had with the LL.  In the past it used to be that the tenant would pay the cost/fees, but it has changed to be split between LL and Tenant.  However the LL is saying that because I have put it forward to him, then I would have to pay his portion of the fees too (£150+VAT).  He cannot legally do that, so I would still pay £50 and his fee £150 plus VAT."

I'm assuming the Estate agent is correct but I am hoping some of you might provide clarity.

Can anyone advise on this please?  Is it worth complaining about his actions?

Thanks

SpiderLegs

You don’t need to ask for permission to get a lodger

saajan_12

zippygeorgeandben said:

"This is a stumbling block I have had with the LL.  In the past it used to be that the tenant would pay the cost/fees, but it has changed to be split between LL and Tenant.  However the LL is saying that because I have put it forward to him, then I would have to pay his portion of the fees too (£150+VAT).  He cannot legally do that, so I would still pay £50 and his fee £150 plus VAT."

Doesn't really make sense - EA seems to say you paying both is illegal but you'd still pay the LL's fee? Regardless, you have two options:
Option 1) Take in a lodger for the spare room. You are their landlord, so must declare on your income tax etc, but you have a £7.5k allowance. You might want to reference them yourself or collect a deposit. You (and ex) remain liable to your LL for the full rent and condition of the property. You'd have to chase your lodger separately if they failed to pay / damaged the property. 

Option 2) Request to vary the AST with the LL - the LL can just refuse, or put in conditions. As for fees, they can charge their costs (eg referencing etc). Debatable whether the agent's fee would be allowable - its an out of pocket cost for the LL, but is also quite high for the work involved. However the fee charged to you is either the total cost or £50, whichever is higher - not £50 + costs. 

zippygeorgeandben

Thanks for the reply saajan_12 I appreciate it.  I'm not in an AST (luckily) I'm in a periodic tenancy so I think I will hand notice in and find a LL who treats me fairly.

Thanks.

theartfullodger

zippygeorgeandben said:

.............I'm not in an AST (luckily) I'm in a periodic tenancy so I think I will hand notice in and find a LL who treats me fairly.

Thanks.

It's a periodic AST then

greatcrested

zippygeorgeandben said:

 I'm not in an AST (luckily) I'm in a periodic tenancy so I think I will hand notice in and find a LL who treats me fairly.

Thanks.

You have a periodic Assured Shorthold Tenancy.

Whilst saajan_12 correctly identifies the two options, from your ex's point of view option one is undesirable. He is unlikely to want to remain a joint tenant with all the liabilities for rent and damage that that entails. I always recommend clean financial breaks when partners separate.

So removing him from the tenancy is preferable, either by

a) surrendering the existing tenancy and commencing a new one in your name jointly with a new joint tenant (who must be acceptable to the LL). In this case the deposit is returned and a new one taken and protected, or

b) serving notice (as per a periodic AST - see below) and then commencing a new one as above

c) executing a Deed of Assignment, whereby the current tenancy continues but the new occupant is assigned in place of your ex.

a) & c) above are requests by you, the tenant, for which the LL can charge.

b) is simply what happens when tenancies end and no fee can be charged (since the Tenant Fees Act 2019)

Regarding the fee for a change as per a) or c), gov guidance says:

Q. Can a landlord or agent charge me a fee for a change of sharer?

Yes. Where you request a change of sharer, a landlord or agent is entitled to charge you for any costs incurred for amending the tenancy agreement up to £50 (inc. VAT), or for any reasonable costs incurred if these are higher than £50. The general expectation is that this charge will not exceed £50. In some circumstances, it may be appropriate for this to be higher. In any case, a landlord or agent should be able to demonstrate to you that any fee charged above £50 is reasonable and provide evidence of their costs.

Page 69: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922900/Tenant_Fees_Act_-_Tenant_Guidance.pdf

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

zippygeorgeandben

Thank you for all the information here. It will help me move on with my decision.