Help !! Landlord cool ! Flatmate Not !! Help ! SOS !

Dr Strange · 27th June 2007, 20:40

I am renting a two bedroom flat in Northampton. My original flat mate moved out and I told the landlord I would look for another one. The new flatmate seemed ok but it gradually became clear he was a flat mate from hell.

I do not have the power to throw him out because it is not my flat. We both have separate tenancy agreements with the landlord. The issue is that his girlfriend is staying here more and more, and now, in addition to having a flatmate from hell, I have the priviledge of living with a couple. The partner is using all the amenities and obviously not paying for any of them. But money is not the issue. I have never lived with a couple and you don't need a psychology degree to realize why, they're smug, you are made to feel you are intruding on them and it is no longer a flatshare but a situation whereby you feel the odd one out intruding on their space whilst paying half the rent in a flat with three people in it.

My question is; - what are my rights? Does she have the right to stay here whenever she wants. If not, is it purely up to the landlord to do something about it, and if so, what?

Hope some clever person can give advice !

rowansgran · 28th June 2007, 14:40

The tenancy agreement(for both of you )is with the landlord. Under the Tenancy agreement did you agree to share with 1 or 2 people? No. You did not.Did you agree to pay part share of this persons expenses? No. You did not.
Take HER to small claims court for your EXTRA expenses.
Think about it.Would you allow me to come and live in your home without paying my expenses? Course you wouldn't. Sue her.!! The mere threat might jig her into a settlement.

Planner · 28th June 2007, 17:05

Quote:

Originally Posted by rowansgran

The tenancy agreement(for both of you )is with the landlord. Under the Tenancy agreement did you agree to share with 1 or 2 people? No. You did not.Did you agree to pay part share of this persons expenses? No. You did not.
Take HER to small claims court for your EXTRA expenses.
Think about it.Would you allow me to come and live in your home without paying my expenses? Course you wouldn't. Sue her.!! The mere threat might jig her into a settlement.

I have never heard so rubbish.

I sympathise (sp) with Dr Strange situation. But his flat mate is entitled to have guests, which is girlfriend is. The best thing to do would be wait you can give notice and then leave them to it.

What would you take her to small claims court for? what monetary value could you possibly put on it? Dr has stated that money is not the issue.

demon_x_slash · 28th June 2007, 19:16

It would be a different situation if your flatmate was subletting to her. Unfortunately for you, this isn't the case, and under the right to quiet enjoyment he is allowed guests, as Planner says.

If you do end up wanting to leave, have you thought about sitting down with them and the teapot, and asking her if she would take up your half of the tenancy? That way you mitigate the landlord's losses and have a ready-made replacement tenant.

Dr Strange · 28th June 2007, 19:51

Thanks for your suggestions and opinions. Of course all tenants are allowed guests, but at what point do they stop being a 'guest?'

Can she stay here one day a week? Can she stay here three days a week? Can she stay here six days a week?

This situation cannot be legal because I am actually paying for the gas/electricity she uses. She is not a tenant, and therefore, in mind, has no tenants rights nor obligations.

I am not going to the expense and trouble of moving out. This is my home. I found this flat and have been living here three years and my flatmate has been living here three months.

Are you saying I have no RIGHTS other than having the right to feel like an intruder in my own home or leave, running away from a situation in which I allowed people to walk all over me?

Joa · 28th June 2007, 22:54

Dr Strange, your situation is not enviable but not communicating your displeasure at this situation to your flatmate will breed resentment and sour the raelationship further. Call a meeting, explain that you want the utility bills to be shared equally, the landlord to be notified and that there are going to be some house rules with regards to common areas of the house; if they want to mate, you do not need the trauma of partaking!
You have nothing to lose- you just have to try mediation first.
If this doesn't work, there is always an option of making their life unbearable, so they decide to leave; leaving dirty socks on the kitchen counter, copious farting and never changing loo rolls could do the trick....don't hope for big leaving do though, lol

Nightmare4banks · 29th June 2007, 01:32

Hi all!

Dr Strange,I have one question for you:

Are completely sure that the chapthat rents out the other room does not have his girlfriend as a joint tenant on his/their agreement?

The answer to this question should hopefully enable me to assist you further.

Dr Strange · 29th June 2007, 10:01

Yes, I am 100% sure that she is not on his tenancy agreement. Me and my flatmate have separate tenancy agreements with the landlord, and she is not mentioned on either of them.

Leo1 · 29th June 2007, 12:57

Is the landlord aware of any of this?

Nightmare4banks · 29th June 2007, 13:29

Dr Strange,in reply to your last post and in my view:

1.The chap's girlfriend has no right to remain in the property in the event of his tenancy agreement expiring or the desire of the landlord to evict him - "Right of Succession" as it is called in legal jargon.

2.Personally I think you need to have a firm word with the chap and not his girlfriend about "coughing up" more towards the bills and he should not expect you to pay more in bills because she lives with him.

3.Be polite,firm and calm wih him.If the girlfriend is around you should tell her not interefere because the chap is the tenant and legally responsible for the bills with you and not her.If you get any lip back suggest that you all should have a meeting with the landlord as it is an unacceptable state of affairs to freeload off of you.

4.This is just a suggestion to work out how much more he should pay - look at your bills over the last 6-12 months prior to them moving in(as you have been living in the property for 3 years but allow for the large increases in the lastyear) and the difference should be split 1/3 you pay and 2/3 - he pays.This should give you an indicator as to how much more he should be putting towards the bills.

If this fails,we will have to mull over alternative options.

Anyway,I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

Aequitas · 1st July 2007, 12:29

You say you both have separate agreements. Do you both have agreements relating to the whole flat?

Dr Strange · 2nd July 2007, 10:50

We both just have separate, identical, standard shorthold assured tenany agreements which both relate to the whole flat and not parts of it.

On my tenancy agreement it says 'We ( the landlord) will let the property to you, and only ('name of tenant' ) will be allowed to live there.'

Quite clearly, this is a matter for the landlord to interpret, based on common sense. If the girlfriend stays more than a third of the time, which she does, then the landlord should do something about it.

If the landlord does not, then it is clear I would then have a grievance against my flatmate AND the landlord.

Let's face it, as a tenant you have rights, but you don't have any power. There's a difference.

Aequitas · 2nd July 2007, 14:17

Just one point to be clarified please. Does your agreement pre-date your flatmate's?

Planner · 2nd July 2007, 15:27

Just a quick question concerning utilities.

Water - Water Meter or standard monthly rate? - if the later then she wont be "costing" you anymore than if she wasnt staying there, if the former then I would be splitting the water bill three ways when it arrives (will it be woth it though?).

Gas - Is she ever there alone or always when either you our your house mate are in? If shes only there with him, then again shes not really using anymore than you and your housemate would. It uses the same amount of gas to heat the house whether theres one person or three in it.

Electricity - As above, costs same amount of electric to light a room with two people in it as it does with three people in it.

I would just be finding alternative accomodation if i where you, even if she did chip in, it woulndt solve that uncomfortable feeling you have when they are together and you walk in.

becka · 3rd July 2007, 13:23

Why should Dr Strange look to leave somewhere he's been happy for 3 years just cos the new tenant is taking the mick when it come's to "guests"

I'd definitely sit down and discuss it with your new flatmate and agree whether the girlfriend is a guest or it's going to be a full time thing and move on from there. And definitely have a chat with the landlord as it seems you have a good relationship with them

Hope you can sort it - without having to move out

Becka

Nightmare4banks · 6th July 2007, 03:12

Dr Strange,

I would just like to add:

Stick to your guns,do not move out and allow them to make you feel uncomfortable in a place that you have lived in for 3 years!

Try and resolve the issues amicably and in the worst case scenario:

Instead,make them move out if you can find an alternative replacement tenant!

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