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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have changed letting agents. I had an assured tenancy agreement

Resolved Question:

I have changed letting agents. I had an assured tenancy agreement with the current tenants (two of the tenants are on the original tenancy agreement the third is added by a memorandum). The new letting agent wants me to sign a new tenancy he has provided saying it supersedes the original tenancy. The original tenancy finishes in April 2015 so does the one he wants me to sign. What are the problems that may arise if I ignore the original and sign the new tenancy agreement?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

Why is the new letting agent insist a new contract is signed please?

Customer:

I don't know why exactly. Another of my tenants wants to leave (in fact has moved out). The new letting agent was to add the proposed new tenant to the original tenancy (as had happened before when there was a change of tenancy) but instead the new letting agent insist I will be better protected if I sign a new tenancy agreement with his firm. I am not in agreement but he is bullying me to sign. I do not believe it is right that the new contract will supersede the original but do not know how to say this to him in legal terms.

Customer:

Sorry should have said he was to add the new tenant to the original with another memorandum

Alex Watts :

Oh I see. In that case I would agree with the agents that a new tenancy agreement needs to be signed.

Alex Watts :

The tenancy agreement should reflect who is actually staying there.

Alex Watts :

In that case you do not need to worry. The new agreement will be valid and simply reflect changes made,

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No

Alex Watts :

Can I help with anything else today for you?

Customer:

No thanks

Alex Watts :

OK. If I could ask you to rate my answer today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply.

Alex Watts :

Have a great weekend

Customer:

Could i ask another question

Alex Watts :

Is it on the same topic?

Customer:

yes

Alex Watts :

ok

Customer:

What happens to the original tenancy agreed if the one tenant left on the contract is now on the new contract and wants to renew her tenancy - who's renewal charges do i pay the original letting agent or the new agent

Customer:

agreed should read agreement

Alex Watts :

You need to check the terms of any contract between you and the first agent.

Alex Watts :

Really what you do is terminate the agreement, have the tenants 'move out' for 1 night then move in the following day

Alex Watts :

Then technically its a new tenancy

Alex Watts :

If the old one is being renewed in effect then you are liable probably for the existing agent fees

Customer:

ok thanks

Alex Watts :

Can I clarify anything else for you/

Customer:

no you have been very helpful

Alex Watts :

Happy to help. please remember to rate before you go

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