Flat mate leaving, landlord refusing to allow lease reassignment.

Stan the smelly skunk

Hey,

Our one year lease is ending at the end of next month and my flat mate is planning on moving out. When i contacted my letting agent to ask if I could reassign the lease I was told that they were declining the request to replace the tenant but that I could stay on under the same terms however I am not permitted to move in a new tenant.

Does this mean that I can take on the lease myself or does it mean that we both have to stay in situ for the lease to continue?

Thanks for any replies!

Baby01032012

Stan the smelly skunk wrote: »

Hey,

Our one year lease is ending at the end of next month and my flat mate is planning on moving out. When i contacted my letting agent to ask if I could reassign the lease I was told that they were declining the request to replace the tenant but that I could stay on under the same terms however I am not permitted to move in a new tenant.

Does this mean that I can take on the lease myself or does it mean that we both have to stay in situ for the lease to continue?

Thanks for any replies!

I guess that you can take on the lease yourself but does that not mean you are taking on the rent for 2 people? The landlord can not refuse a reasonable reassignment under the law. I guess you can sublet but bear in mind you will remain the one named tenant and ultimately will be responsible for the rent due.

Stan the smelly skunk

Baby01032012 wrote: »

I guess that you can take on the lease yourself but does that not mean you are taking on the rent for 2 people? The landlord can not refuse a reasonable reassignment under the law. I guess you can sublet but bear in mind you will remain the one named tenant and ultimately will be responsible for the rent due.

My preference would be to reassign to a new tenant, but anything I have read on citizens info etc. seems to point to a LL having the right to refuse this. If I was to take on the lease myself am I allowed to sublet without the LL's permission?

foggy_lad

Stan the smelly skunk wrote: »

My preference would be to reassign to a new tenant, but anything I have read on citizens info etc. seems to point to a LL having the right to refuse this. If I was to take on the lease myself am I allowed to sublet without the LL's permission?

The landlord can refuse to allow the reassignment but they then can not hold you to the terms of the lease and must allow you to break the lease and leave if you want to without any penalty. Also if you stay the landlord can't make you pay the other tenants rent as they have refused the reassignment.

antoinolachtnai

foggy_lad wrote: »

The landlord can refuse to allow the reassignment but they then can not hold you to the terms of the lease and must allow you to break the lease and leave if you want to without any penalty.

This is correct.

However, the landlord might have a reason not to allow you to reassign though, and if it is a good enough reason, it might be ok.

Also if you stay the landlord can't make you pay the other tenants rent as they have refused the reassignment.

I don't think this is correct. The full rent continues to fall due unless you vacate (i.e, give your notice and leave the property completely). The only way the amount of the rent can change is if there is a new lease or a rent review.

Rent is usually a 'joint and several' liability. Everybody on the lease is responsible for all of the rent.

Marcusm

Presumably he is using the refusal to reassign as a lever to get you out after a year thereby permitting a reletting at a higher rent in circumstances in which you would not be liable for a rent review (due to 2 year rule). It's a bit sharp.