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    • morallywrong
    • By morallywrong 13th Jun 19, 5:25 PM
    • 11Posts
    • 1Thanks
    Change of sharer referencing fees..?
    • #1
    • 13th Jun 19, 5:25 PM
    Change of sharer referencing fees..? 13th Jun 19 at 5:25 PM

    I'm currently looking to move into a 2 bed shared flat with the lead tenant who rents it.
    Today I went to the letting agency to initiate the process.
    Its 120 for the new contract and 50 for the change of sharer.

    Is the 50 charge legitimate considering the new laws on referencing fees?
Page 1
    • G_M
    • By G_M 13th Jun 19, 5:55 PM
    • 49,625 Posts
    • 61,619 Thanks
    • #2
    • 13th Jun 19, 5:55 PM
    • #2
    • 13th Jun 19, 5:55 PM

    Dends how the hand-over is being done from a legal percpective:

    1) existing tenancy is being surrendered, with the agreement of all current joint tenants and landlord. Check-out completed and their deposit returned etc etc. Then a new tenancy created with new joint tenants including you. EPC, gas report, gov leaflet etc all submitted to new tenants as required with a new tenancy. New deposit taken and protected.

    This is a new tenancy, post June 1st 2019, so the new rules apply and the fee is illegal.

    2) existing tenancy is NOT being surrendered, but is being varied via a Deed of Assignment (eg as here), again with the agreement of all current joint tenants, yourself and landlord. No new tenancy is created as the existing one which was created pre June 1st, continues, but with a change of names. A fee can therefore be charged provided that original tenancy agreement specified it.
    Last edited by G_M; 13-06-2019 at 6:00 PM.
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