Replacement tenancy issue - new tenant paying rent but won't sign contract

[jjlandlord]

I have never heard of an old contract needing to be surrendered officially

It depends on the situation.
If a new tenancy is created it replaces the previous one, which does not need to be formally surrendered. Same if the tenancy is ended by notice to quit.

[westminster]

I'll prepare the two documents, although I feel the agent will refuse to sign their copy as if the contract is surrendered and a new one not signed, then they are in a difficult situation!

Not really. The current occupiers would still have an orally agreed joint tenancy. A tenancy contract does not need to be in writing to be valid (if the term is 3 years or less).

If the agent refused to sign, it would imply that they regard your tenancy as remaining in place.

I have never heard of an old contract needing to be surrendered officially, we have had many replacement tenants in the house and this has never been mentioned by the agents before

Never underestimate the ignorance of agents.

I assumed that a new contract automatically rendered the old one obsolete?

If a replacement tenancy is granted to the same tenant for the same rental property, then the replacement does indeed automatically surrender the previous tenancy. It's called surrender and regrant.

If a new tenancy is granted to a different tenant (e.g. to T1/T2/T4 not T1/T2/T3) for the same rental property, then the replacement does not automatically surrender the previous tenancy, but, as I said before, you can argue that there has been a surrender by operation of law.

But you're in a less than ideal position if things remain unformalized. For example, let's say the replacement T does a moonlight flit next week, and arrears build up. It's conceivable that the LL could pursue you for unpaid rent, submitting the 'old' joint tenancy contract to the court as evidence of your liability. You'd then have to prove to the court that there was a surrender of that tenancy by operation of law, so that you're no longer liable for rent.

Whereas if you get a formal Deed of Surrender executed, there's no question of your liability.

[Mouse11]

Not really. The current occupiers would still have an orally agreed joint tenancy. A tenancy contract does not need to be in writing to be valid (if the term is 3 years or less).

If the agent refused to sign, it would imply that they regard your tenancy as remaining in place.

I think they do regard my tenancy to to be remaining and more valid than an orally agreed joint tenancy. Less hassle for them.

But you're in a less than ideal position if things remain unformalized. For example, let's say the replacement T does a moonlight flit next week, and arrears build up. It's conceivable that the LL could pursue you for unpaid rent, submitting the 'old' joint tenancy contract to the court as evidence of your liability.

This is exactly what is worrying me. I will attempt to get things formalised, and if they aren't then I will have to ask the replacement to leave so that I can find a new 'replacement' to truly replace me.

Thank for your advice.