Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • tesspme
    • By tesspme 12th Apr 18, 6:28 PM
    • 6Posts
    • 0Thanks
    tesspme
    Please help! Landlord trying to change tenancy agreement!
    • #1
    • 12th Apr 18, 6:28 PM
    Please help! Landlord trying to change tenancy agreement! 12th Apr 18 at 6:28 PM
    Three of us currently rent a flat in N. London and are on a periodic rolling contract, as the previous fixed term contract came to an end in Oct 2016. I replaced one of the original tenants in May 2017; now another original tenant is moving out on 17th April, having given notice to the landlord two months ago. We have found a new tenant and she is moving in to replace him next week.

    Yesterday our landlord told us that he wants us to sign a new fixed term tenancy agreement for a year, with a 6 month break clause, and for us to all sign it on the 17th when the new tenant moves in - this is in 6 days so hardly any notice! I am not happy with signing this contract as I am waiting to hear back about a funding application, which if successful will mean that I will need to move out in 2/3 months.

    He is claiming that our current contract has expired/is an 'old' contract and that we have to have a new one. His main concern is that every time we get a new tenant in he has to pay fees (he's claiming he has to pay £500 which is clearly not true).

    He says that if we don't sign the new contract, the new tenant can't move in, and me and the other current tenant will need to cover the cost of the entire flat between us until the new contract is signed, at which point he will allow the new tenant to move in.

    Is this legal? Can he force a new tenancy agreement? I feel like I'm being blackmailed! Haven't been able to get through to any of the helplines today and am panicking a bit.

    Thank you so much for any advice you can give.
Page 1
    • Pixie5740
    • By Pixie5740 12th Apr 18, 6:41 PM
    • 13,144 Posts
    • 18,916 Thanks
    Pixie5740
    • #2
    • 12th Apr 18, 6:41 PM
    • #2
    • 12th Apr 18, 6:41 PM
    Three of us currently rent a flat in N. London and are on a periodic rolling contract, as the previous fixed term contract came to an end in Oct 2016. I replaced one of the original tenants in May 2017; now another original tenant is moving out on 17th April, having given notice to the landlord two months ago. We have found a new tenant and she is moving in to replace him next week.

    Yesterday our landlord told us that he wants us to sign a new fixed term tenancy agreement for a year, with a 6 month break clause, and for us to all sign it on the 17th when the new tenant moves in - this is in 6 days so hardly any notice! I am not happy with signing this contract as I am waiting to hear back about a funding application, which if successful will mean that I will need to move out in 2/3 months.

    He is claiming that our current contract has expired/is an 'old' contract and that we have to have a new one. His main concern is that every time we get a new tenant in he has to pay fees (he's claiming he has to pay £500 which is clearly not true).

    He says that if we don't sign the new contract, the new tenant can't move in, and me and the other current tenant will need to cover the cost of the entire flat between us until the new contract is signed, at which point he will allow the new tenant to move in.

    Is this legal? Can he force a new tenancy agreement? I feel like I'm being blackmailed! Haven't been able to get through to any of the helplines today and am panicking a bit.

    Thank you so much for any advice you can give.
    Originally posted by tesspme
    Actually the reality is much worse than that. When one joint tenant serves notice to end the tenancy it ends the tenancy for all the tenants. If you remain the property after the notice period expires then legally the landlord can charge you double rent under the Distress for Rent Act 1737. Your other options are for everyone to move out before the end of the notice period or you, the other person who wants to remain and this new person can sign a brand new tenancy agreement. The choice is yours.

    See G_M's Guide to Ending/Renewing an AST for further information.
    • tesspme
    • By tesspme 12th Apr 18, 7:24 PM
    • 6 Posts
    • 0 Thanks
    tesspme
    • #3
    • 12th Apr 18, 7:24 PM
    • #3
    • 12th Apr 18, 7:24 PM
    !!!!!!, I just assumed that because I’d replaced someone in the rolling tenancy that we could just keep doing that. I don’t quite understand why that can’t be done here again, but thank you for the link.
    • Slithery
    • By Slithery 12th Apr 18, 7:33 PM
    • 901 Posts
    • 1,409 Thanks
    Slithery
    • #4
    • 12th Apr 18, 7:33 PM
    • #4
    • 12th Apr 18, 7:33 PM
    I don!!!8217;t quite understand why that can!!!8217;t be done here again, but thank you for the link.
    Originally posted by tesspme
    Because that's not how it should be done in the first place.

    The only way for one tenant to be replaced by another is not by them giving notice, instead a Deed of Variation should be signed by the LL and all tenants which replaces one tenant with another on the existing contract.

    Unfortunately it's now too late to do this as the existing tenant has already served notice.
    • tesspme
    • By tesspme 12th Apr 18, 7:43 PM
    • 6 Posts
    • 0 Thanks
    tesspme
    • #5
    • 12th Apr 18, 7:43 PM
    • #5
    • 12th Apr 18, 7:43 PM
    Ah ok, I understand - thank you!
    • G_M
    • By G_M 12th Apr 18, 10:23 PM
    • 45,549 Posts
    • 54,741 Thanks
    G_M
    • #6
    • 12th Apr 18, 10:23 PM
    • #6
    • 12th Apr 18, 10:23 PM
    You (one of 3 joint tenants) cannot just 'replace' one of the other tenants.

    The landlord has to agree and either
    * a new tenancy created replacing the original one, or
    * a Deed of Variation is Executed, substituting one tenant for another on the existing tenancy agreement.

    If neither of the above happened, then when the 1st change was made, the outgoing tenant remained on the tenancy, remained liable for rent, remained liable for damage etc under thhe tenancy.

    The incoming occupant was not a tenant. He was a lodger. You were his landlord and he owed rent to you. Whether you use that rent to contribute towards the tenancy is up to you..

    When the next tenant 'gave notice' do you mean to the landlord, or to you?

    * if to the landlord, that notice would end the entire tenancy for all joint tenants.
    * if to you, that notice had no legal meaning at all since you are not his landlord.
    Last edited by G_M; 13-04-2018 at 2:13 PM.
    • tesspme
    • By tesspme 18th Apr 18, 3:43 PM
    • 6 Posts
    • 0 Thanks
    tesspme
    • #7
    • 18th Apr 18, 3:43 PM
    • #7
    • 18th Apr 18, 3:43 PM
    Hi G_M

    When I moved in and ‘replaced’ one of the original tenants, what I meant was I had signed a deed of variation and had substituted his placed on the tenancy agreement. I was naively assuming that we would do the same thing again here, and our new tenant would substitute in the same way.

    Our outgoing tenant gave notice to the letting agent and they have issued an almost identical memorandum of agreement to the one I signed, but with a new paragraph:

    ‘The landlord grants and the tenant takes a replacement tenancy by way of an extension to the original Term within the Agreement to commence on 17/04/2018 and to end 16/04/2019… etc.’
    It refers to our existing Assured short hold Tenancy Agreement.

    Any more advice would be so welcome.

    Thanks!
    • tesspme
    • By tesspme 18th Apr 18, 4:21 PM
    • 6 Posts
    • 0 Thanks
    tesspme
    • #8
    • 18th Apr 18, 4:21 PM
    • #8
    • 18th Apr 18, 4:21 PM
    Hi G_M

    When I moved in and ‘replaced’ one of the original tenants, what I meant was I had signed a deed of variation and had substituted his placed on the tenancy agreement. I was naively assuming that we would do the same thing again here, and our new tenant would substitute in the same way.

    Our outgoing tenant gave notice to the letting agent and they have issued an almost identical memorandum of agreement to the one I signed, but with a new paragraph:

    ‘The landlord grants and the tenant takes a replacement tenancy by way of an extension to the original Term within the Agreement to commence on 17/04/2018 and to end 16/04/2019… etc.’
    It refers to our existing Assured short hold Tenancy Agreement.

    Any more advice would be so welcome.

    Thanks!
    Originally posted by tesspme
    And when I say 'gave notice', he told the letting agents he was moving out.
    • Pixie5740
    • By Pixie5740 18th Apr 18, 5:19 PM
    • 13,144 Posts
    • 18,916 Thanks
    Pixie5740
    • #9
    • 18th Apr 18, 5:19 PM
    • #9
    • 18th Apr 18, 5:19 PM
    If you don't want to sign the new contract then don't sign it.
    • tesspme
    • By tesspme 18th Apr 18, 6:02 PM
    • 6 Posts
    • 0 Thanks
    tesspme
    The landlord is saying if the new contract isn’t signed then the new tenant can’t move in.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,129Posts Today

7,396Users online

Martin's Twitter