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Tenancy and estate agent

(9 Posts)
YoniRanger Tue 21-May-13 18:30:27

Hi, I have just had an exceptionally rude letter from our local estate agent threatening to legally remove us from the property unless we pay them £140 to change the tenancy agreement to our names.

The tenancy is currently in DH's parents names and they pay the rent.

Are we obliged to change the tenancy?
It is not sublet and the person with financial responsibility remains the same.

TIA

Crutchlow35 Tue 21-May-13 20:38:32

Who lives in the property?

WaitingForMe Tue 21-May-13 20:44:28

It's hardly rude if the parents are sub-letting without permission! I think it sounds as though the OP is quite lucky to be given this option as that is fairly standard as an admin charge.

YoniRanger Tue 21-May-13 21:59:20

My husband and I are living there. It is rented by the family business in my FIL name as part of DHs pay. We swapped houses with them after DD was born.

It is not sublet.

MoreBeta Tue 21-May-13 22:03:28

I think you may well be in the wrong here.

You are the occupants and although someone is guaranteeing the rent you are living in the house as your home - hence are tenants.

Your names do need to be on the lease. Also I assume the rent you are benefitting from is being declared for tax purposes by DH in his tax return - unless he needs to live on site and HMRC have agreed that?

Boomboomboomboom Tue 21-May-13 22:13:14

presumably it is an assured shorthold tenancy in FILs name?

if they are no longer living in the property, because you are, you face being evicted after a simple 28 day Notice to Quit and issue of possession proceedings because FIL no longer fills the tenancy condition (it is not an assured tenancy because it is not his only or principal home) and you are trespassers

your FIL is in the wrong , get him to pay the fees

Crutchlow35 Wed 22-May-13 07:19:16

The agent is in the right.

EllieArroway Wed 22-May-13 09:43:37

The tenancy agreement relates to who is living in the property, not who pays the rent. You are trespassing, I'm afraid.

If I were you, I'd pay the £140 and put the tenancy in your name. But they'll probably want to go through the usual vetting procedures first.

YoniRanger Wed 22-May-13 13:03:32

Thanks for your help.

We had the full permission of the landlord which is why the letter came as a surprise.

We will pay up but can anyone tell me if we should request safety certificates etc? We know the environments agency have condemned the sewage tanks and I don't want to end up responsible for anything like that!

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