shared housing nightmare-who is right?

[justforthisonce]

My friend is in a shared house with three other tennants, they are now on a rolling tenancy after having lived at the property two years.

Friend wants to leave. Other tenants are trying to sting him for the steep estate agent new contract fees. (over £500)

Friend has offered a contribution but wants to split the cost equally. By rights he has no legal obligation to pay anything.

Other tenants are claiming he should pay it all as he is the reason for the change. But estate agents have specified that any change on the contract will incur these fees, and other tenants can' t expect all the tenants to live in the property forever?

There is no end date to this contract and other tenants are planning to stay there indefinately.

Who is right? Advice please if anyone can

[OwlinaTree]

If he has no legal obligation to pay, I think I would offer my share of the £500, and leave them to it. Would also suggest that they each get a separate contract with the landlord in the future as this will obviously happen again.

[justforthisonce]

Thanks Owlina thats a great idea, I will suggest that ,

[anyname123]

When I lived in shared houses each person had own contracts, each was credit checked etc etc. As new person moves in they pay their agents fees, the rest carry on regardless. Sounds like a scam to me to renew the entire tenancy

[justforthisonce]

the estate agents are asking for referencing and admin fee as part of that cost.

There is a large cost though for changing the contract. Essentially changing the name of the people on the tenancy.

I thought it was a scam too but they agents are big and reputable and it seems legit

[runningincircles12]

It's not Foxtons, is it?

[justforthisonce]

Ego yes it would appear so. I just can't believe the other tenants are trying to sting my friend for it all!

[justforthisonce]

No not Foxtons ego but one thats equally big

[Buckinbronco]

It's not credit referencing though is it? It's the fee to take OPs friend off the tenancy agreement and add whoever.

Terrible way to set up a shared House but if he doesn't pay how will he be sure he's been taken off the tenancy agreement?

[justforthisonce]

He is willing to pay, and doesn't just want to walk away

I agree it is a terrible way to set up a shared house,

The fee is the new contract set up not to have him taken off,

[justforthisonce]

Is this normal procedure for shared house set up?

[whois]

New house mate pays the set up fees I would have thought.

[runningincircles12]

Does he want to remain friends with them?
The fee is not for taking him off the contract, it's for drawing up a new contract (I won't post my opinion on renewal fees...).
He is completely entitled to terminate the existing tenancy by giving one month's notice. The notice should end on the day the next rent is due (at least one month after it is given). He can unilaterally terminate the contract without the consent of the others. If they want to stay, it's their problem to deal with the renewal fees.
He has been more than generous offering to split it. If he gives notice to the landlord, it terminates his housemates' tenancy too. They would therefore technically be homeless unless they pay the admin charges and enter into a new tenancy.
If he wants to stay on good terms with the housemates, he should try to find a replacement tenant who will pay part of the admin fee (this is normal). The other housemates are going to have to accept that they will have to pay something though unless they want to be chucked out. If I were them, I would find a new house managed by a better agent. Is this in London?

[StopLookingAtMyAccount]

I think the fees should be sit between the new tenent and the other tenants. The person leaving doesn't pay anything.

I presume everyone has tried negotiating with the estate agents.

[EweAreHere]

Honestly, I wouldn't pay a thing. Housemates can't seriously expect everyone to stay forever, so they shouldn't have to pay to move on with their lives as you do.

They should get separate contracts to combat the extortion fees that these companies charge. It is outrageous that they can do this, frnakly.

[justforthisonce]

Running circles thank you so much , that info is so helpful

[justforthisonce]

Ewe I completely agree !

[CiaoVerona]

Id flip this around, does anyone else think they should pay when they leave?

I don't see how your friend is liable for the fact those staying on have to pay a new fee since when do you have to pay fees when you leave a lease?

Id be paying a big fat zero your friend owes nothing.

[CiaoVerona]

In fact, I think the friends are incredibly entitled asking him to pay, I bet if one of them left they'd pay nothing. Absolutely nuts expecting him too pay.
On the other side, the estate agents in the UK are pulling the piss these fees do not represent the cost of doing business......period.

[AgathaMystery]

I wouldn't pay it.

I've been in this situation before as a tenant when my friend left & when the letting agency (large, national chain) tried to charge me the admin fee I refused to pay. I told the landlord I would give my notice on the properly. I had been there 4 years.

Miraculously, I didn't have to pay it.