Tenancy contract question - posting for traffic!

[TherapieTaxi]

Hi all,

Posting for traffic - sorry! Just hoping I can have some advice, please.

A couple of months ago, I moved into a rental house already occupied by several other tenants. I was the most recent tenant to move in.

Although we all moved in at different times, we have a joint tenancy contract that runs from February to February, so our current contract will be up for renewal next February.

However, tenants so far have got around the Feb-Feb tenancy contract obligation by finding other tenants to replace them and doing a mid-tenancy swap so they can move out.

I would like to move out before February and have emailed the estate agents earlier today about this. (The property is managed by an estate agent on behalf of the landlord, and we have no contact with, or contact details for, the LL).

The estate agent replied, saying they no longer do mid-tenancy swaps.

However, a couple of tenants in the house have just moved out after doing a mid-tenancy swap.

I spoke to the tenants about this recently and they said they really had to persuade the estate agents to allow them to do the swap.

Shortly before the couple did the tenancy swap, all the other tenants in the house (apart from me) received an email from the estate agents saying they no longer do tenancy swaps because of a new law that’s just come in. I phoned the estate agents to ask about the law and they couldn’t give any details as they didn’t know what it was. I’ve since searched online to find out about the law - as have other tenants in the house - and we can’t find anything about it. The closest thing we could find was about the law last year about tenancy deposits.

I was not included in the recipient list for the mid tenancy swap email, and there is nothing in my contract about forbidding tenancy swaps or about specific rules to follow when moving out in terms of giving notice (apart from mentioning that the contract runs from Feb to Feb).

Given that I was not included in this email (and can prove it), would this give me some negotiating ground/leverage when further discussing the possibility of a tenancy swap with the estate agents?

Thanks so much in advance.

If it's the law it doesn't matter if you were included in the email or not.

But I would chase up the estate agents for more information and find out exactly what's preventing you swapping a tenancy.

Thanks Lockheart.

I’ve just done more Googling and there’s nothing - as far as I can see - about a law preventing mid-tenancy swaps. It really seems like it’s at the landlord’s discretion.

Can't say I've heard of it either but that doesn't say much! I'd ask the estate agents for the exact law and to spell out exactly what's preventing you leaving, and if there isn't one then I'd push for the swap.

I wouldn’t necessarily rely on the letting agent to tell you the truth about this law. You could contact shelter and ask them though? They should be able to tell you legally where you stand.

If you've signed a fixed term contract, then you are liable to pay the full rent for that fixed period. Allowing tenants to move out sooner by finding someone else is something they don't have to do. As it is, it sounds like it has become the norm and they are fed up with it, understandably so.

So no, they are no laws that say they could swaps, but they don't have to accommodate you either.

I imagine it's the law that they can no longer charge tenants fees. I would hazard a guess that when a tenant wanted the do a mid tenancy swap they were charged for it by the agent. Now they are no longer allowed to charge its not worth the hassle for them of accommodating the requests.

Also as pp said, if you're in a fixed term you are liable for the whole period a mid tenancy swap would always be the goodwill of the agent/ landlord

Had a quick look at Shelter and they say to swap you must do these three things.

find someone to swap homes with
get written permission from your landlords
complete the legal paperwork

It doesn't seem to be the law. Maybe the Estate Agents don't want to do it because they don't get money for it anymore.

Thanks everyone!

It sounds like it’s at the estate agent’s/landlord’s discretion and, given that, I don’t really feel I can persuade them to do something they don’t have to do. Shame but oh well.

They can still charge fees for change of tenancy names though i imagine costs are far lower than it would be before.

Completely agree, Wedont, as I paid £50 in admin fees when I moved in - I think it was to get my name added to the tenancy contract but I’m not sure. All the estate agent said after I asked was it for admin fees.

It would have been - and it’s not on the excluded list of fees - landlords/agents are still able to charge for a change of tenancy.

However - what they can’t charge for is referencing the new tenant - that would now fall to the landlord so this may be the reason. Quite understandable to some degree - if tenants are chopping and changing fairly frequently that will all all up.

That said, it does mean that they’re more likely to lose the tenants they do have at the end of the term.