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Housemate wants to end periodic tenancy but others don't

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hart89
hart89 Posts: 69 Forumite
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in House buying, renting & selling
So there are 3 of us in a fixed term tenancy, the end of the fixed term is beginning of June. One tenant (A) is buying a house and moving, the other two (B + C) want to stay on a periodic tenancy for a couple extra months as both in the process of applying for a job in a different country and looking for house to buy. It is inconvenient for B and C to start up a new fixed term tenancy as they only need somewhere to stay in the short term. We have checked with letting agency and been told that we can't swap names on the contract so that As name is removed at the end of the fixed term unless we end of contract altogether, but then B and C will have to start a new fixed term contract.

It was agreed initially that Cs boyfriend would take As place, and that direct debit would be switched and Cs boyfriend would pay A's share of rent and bills . But now A is saying she is not happy with this because it will be risky if her name is still on the contract but she is living elsewhere , thinks there is a risk if there is a fire etc. What are out options?

The ideal situation would be that A's name is removed from the contract, but are we being unlawful asking for the contract to continue for a month or two with A's name on it and we pay her share of the rent??
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  • Carrot007
    Carrot007 Posts: 4,534 Forumite
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    You can ask what you want but the agency is only interested in making money. What does the landlord say?
  • hart89
    hart89 Posts: 69 Forumite
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    I contacted the landlady but she is not replying. Is there any way of taking her name off the contract without paying fees? All she is worried about is the legality of having her name on the contract. Would it be a problem us continuing with the contract for a couple months with the current contract although she won't be living here and someone else will??
  • hart89
    hart89 Posts: 69 Forumite
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    Does she have reason to worry that her name is still on the contract?
  • elsien
    elsien Posts: 32,756 Forumite
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    hart89 wrote: »
    I contacted the landlady but she is not replying. Is there any way of taking her name off the contract without paying fees? All she is worried about is the legality of having her name on the contract. Would it be a problem us continuing with the contract for a couple months with the current contract although she won't be living here and someone else will??

    I wouldn't agree to it if I was her. She gets to carry all of the risk (new person not paying, for example) with no benefit to her whatsoever.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • hart89
    hart89 Posts: 69 Forumite
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    I agree and recognise that technically is a risk for her as there is no contract between her and person taking her place (tenants boyfriend), but we are friends and its an agreement between friends and can assure 100% that that will not happen. Will even pay her a month in advance and if she does not get her advance rent can terminate the contract at that point.
  • hart89
    hart89 Posts: 69 Forumite
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    the benefit also is tenants boyfriend has agreed to pay her half of her deposit (or even full) , she will not be around to clean the property when we do leave, he has agreed to help clean and any deductions will be taken from both their halfs
  • coffeehound
    coffeehound Posts: 5,674 Forumite
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    hart89 wrote: »
    I contacted the landlady but she is not replying. Is there any way of taking her name off the contract without paying fees?

    You'd be drawing up a new contract so there would be a fee for that.
  • G_M
    G_M Posts: 51,977 Forumite
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    If I was A, and moving out, I would not want my name to remain on the TA, along with continued legal liability for rent, damage etc.

    There are 2 ways A's name can be removed

    1) End the tenancy. Start a new tenancy. The new tenancy does not have to be a fixed term- it could be a Contractual Periodic Tenancy from the start.Or a fixed term for, say, 6 months with a 3 month Break Clause.

    2) Deed of Assignment. A's status as joint tenant is 'assigned' either to a new person (D), or indeed to the other 2 existing people (B & C). This can be done at any time, before or after the end of the fixed term. The existing tenancy simply continues as before but with the newly assigned joint tenants.

    Both the above options of course require the agreement of all parties (current tenants, new tenant if applicable, landlord or landlord's agent).
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    You could always be pragmatic.
    A ends the tenancy via a letter.
    B&C at the same time inform the landlord that they will be leaving in 2 months time.
    LL might be unhappy with this but since they have to give you 2 months notice to vacate, B&C will be gone before anything can be done.
  • tom9980
    tom9980 Posts: 1,990 Forumite
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    G_M wrote: »
    If I was A, and moving out, I would not want my name to remain on the TA, along with continued legal liability for rent, damage etc.

    Especially when the other two will be moving abroad and difficult to sue.
    When using the housing forum please use the sticky threads for valuable information.
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