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Just to be clear the contract has been re-assigned before without any issue please?
Thank you Alex,
The contract was reassigned on numerous occasions, including some occasions prior to my joining the tenancy in April 2011, e.g.:
February 2011 - two new tenants replaced two of the existing tenants.April 2011 - I moved in, replacing one of the existing tenantsSeptember 2011 - two new tenants replaced two of the existing tenantsApril 2012 - one new tenant replaced one of the existing tenantsSeptember 2012 - one new tenant replaced one of the existing tenantsFebruary 2013 - one new tenant replaced one of the existing tenants
Ok - then my view is that you can fight this.
You have a history of the agreement being reassigned without any issue
Further given you have had the contract for some time and it has been renewed and tenant changes then the agent insisting on this deed could be considered unreasonable.
This is because you have had previous assignments and the contract for so long
Therefore I am of the view you should be able to assign rather than surrender.
It helps because of the previous assignments and length of tenancy
Can I clarify anything for you about this today please?
Thank you, XXXXX XXXXX useful to know. Is it possible to follow up this answer in due course once we have further made our case to the agency?
Of course. The question does not close and you can ask additional follow ups
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Thank you very much Alex, this has been very reassuring. I will follow up with further questions if required, or just to let you know of the positive outcome (which I hope we'll have).
Yes. All the best
For Alex W:
Further to our earlier discussion about managing a change of tenant via a deed of assignment rather than a deed of surrender, could you advise the best approach.
Should we approach the agency or the landlord directly?
Should we simply state our case that we don't accept the need to complete a deed of surrender but request a deed of assignment based on the points made in your answer (i.e. past precedent, length of contract, no previous issues, contractual clauses, etc) and that ultimately we deem their requirement 'unreasonable'?
Further to our correspondence yesterday, I am forwarding you the response from the Agency and would be grateful if you advise on next steps. Collectively, we would much prefer to effect the name change by a Licence to Assign rather than a Deed of Surrender.
We are not denying the change of names on the tenancy. The process of changing the names to the tenancy are now different to those set out by Temples.
Now that Gordon & Co have bought Temples, we are operating under their terms and processes.
You are entitled to continue with the tenancy as it is which would mean that you are all joint and severally liable for rent but this would mean that the new occupier is not added to the tenancy and has no rights to the deposit at the end of the term.
If you are planning to continue with the name change as planned, the new occupier will need to pass referencing and sign a new agreement once the old agreement has been surrendered by the old collective of tenants by signing the deed of surrender.
Please let me know how you wish to proceed."