Anymore for anymore?

Mr Shed or anyone else about to shed any more light on the situation? Many thanks.

There is a written contract. The basement can't be slept in but it is used on a daily basis for washing/gym equipment and storage. My point is that the property is probably an HMO. If so then the landlord is responsible unless the contract says otherwise, which it does. However, the contract says the landlord has the proper consents to lease the property. I would argue that he does not have the proper consents from the Council as they must authorise the leasing of an HMO. Where the contract fails, so do any terms in it. If I can reclaim rent paid for his failure to register it might follow that I am not responsible for council tax either.

Thanks. We have problems with mice which we've repeatedly asked him to address and there's also an issue with the electricity supply in the extension (kitchen and back bathroom). It shorts quite frequently and this then turns off the electricity supply to all sockets around the house. I've wanted out for a very long time but when I thought the tenancy had lapsed (because one of the tenants had left and told me she was no longer paying rent), she was in fact still paying (or so he says). Had it lapsed then he would have had to renegotiate with me and I could have left at that point. He also took a bin from the property which means we now have to have a bin bag on the floor in the kitchen. He doesn't care because he's selling the property in the next couple of months anyway. I want to complain about him as it's not right he gets away with everything but I need to know what position I'm in with council tax at the outset. Thanks.

Hi. I need help with what I think is an unlicensed HMO that I rent with a few others. Basically it's a 5 bedroom house with a basement that is being used daily, first floor with two bedrooms, a communal living room, kitchen and bathroom and a second floor with two bedrooms, communal bathroom and another bedroom which is rented to some of the tenants as "office room". It is therefore a three floored property. A rents Room 1. Room 2 is currently empty but according to the landlord is rented by B. Upstairs is rented by C (landlord's daughter - we didn't elect to live with her so to speak) and the other room by D. The office room is rented by two of the aforementioned tenants, A and D, and also their respective partners, E and F who also live in the other rooms but are not on those tenancy agreements. In fact, E is not on the office room tenancy agreement but that contract was changed orally in October 2008 to have four payers rather than three. Therefore, 7 people make up the tenants. Each room can be locked and has its own key. The tenancy agreement states that payment is expected for one single room. The contract states that it is a joint tenancy. This part might be my problem. In short, I think I live in an HMO which I know is not registered. I've paid a deposit which hasn't been put into a tenancy deposit scheme and I am not responsible for any council tax payment by virtue of the property being an HMO. If the landlord has included this;Landlord’s Obligations The Landlord agrees with the Tenant : Ownership & Permissions That he is legally entitled to grant this Tenancy and has obtained the appropriate consents. The Landlord also confirms the property is not subject to any restrictive covenant or other provision which has not been disclosed to the Tenant and which would restrict or lessen the Tenant’s enjoyment of the property. And he doesn't in fact have the appropriate consents, that being from the local authority in leasing an HMO, then doesn't this then void the tenancy agreement? If it does then it's not a joint tenancy agreement at all. Elsewhere in the tenancy agreement he delegates the responsibility of council tax to us. However, if the contract is void because he doesn't in fact have the necessary consents to lease the property, is the contract binding at all and are we as tenants responsible for council tax? Fingers cross that I'm right here, any help appreciated.

Hi. If the tenancy agreement specifies that the utilities will be reconciled each quarter but despite repeated requests from tenants the landlord fails to furnish said tenants with a copy of the utilities, must they still pay the bills in full when given the total amount over a year later? Thanks.

What about costs?

Hi. Paid my deposit prior to April 6th 2007 but have signed two ASTs since then requiring the same deposit to be paid. Obviously this has stayed in the landlord's hands for ease rather than be returned to me and then paid back. There's no provision in the contract for TDS compliance and I'm certain he hasn't protected the money anyway. I've certainly never received any word of it. I'll be moving out in the next couple of months and will attempt to get the deposit back plus a fine for LL's non compliance with the legislation. However, given it was paid prior to the commencement date, how can I show that my deposit is covered by the new conract? The legislation doesn't specify that new contracts are covered. He's never provided an inventory and other than normal wear and tear there's nothing that he can say I'll owe him for out of the deposit. Further, he's never provided invoices for anything that's been done/replaced. Grateful for any advice.

Both the tenant that left and also the tenant that remains but didn't sign the contract have recently started to observe a term of the contract that wasn't being enforced, following a complaint from me. Suppose that indicates a willingness to be bound?

Right, get you. One was here from before the last tenancy agreement so would his contract not now be a periodic tenancy or is he bound by the agreement also? If this is the case then I can leave as the one leaving meant that the landlord accepted the change in circumstances and cancelled the tenancy agreement in letting her leave.

Flying doc, thanks for the reply. It's a joint tenancy and says explicitly that it's covered by joint and several liability. There were meant to be fout signatories to it and those four names are included on the document I signed. However, two of them did not sign it. One of them has now left the property, the other remains on a rolling contract. I was led to believe that each tenant was signing it and returning it to the landlord separately. I have started paying the new amount of rent but I never intended to be bound by a joint and several contract with this other remaining signatory. I would only have intended to be bound had the other two signed. Therefore, surely this is wanting as a contract and I'm on a periodic tenancy as a result? Contract as below: Surety Guarantee A surety guarantee bond of £X shall be payable by the Tenant to the Landlord on the signing of this agreement. This surety bond is to provide both the Joint Tenants and the Landlord with security for an individual Tenant’s performance of their obligations under this agreement and the sum shall not be transferable by the Tenant in any way or at any time against payment of rent and no interest shall be payable on this surety. The Landlord shall return the surety within four weeks of the completion of the letting pending the inspection and satisfactory condition of the Property and items of fixtures, fittings, and furniture therein, and settlement of the final account by the Tenant. If the surety is not to be returned in part or in full the reasons for not so doing shall be stated in writing and sent to the Tenant’s registered home address within this period. Continuing Tenancy for Subsequent Years For an existing Tenant to secure a room in the property for the following year the surety guarantee is required to be left with the Landlord and in addition the rent charge for Month shall also be paid. To Secure the Tenancy of a Room For a new Tenant to secure a room in the property the surety shall be paid to the Landlord and in addition the rent charge for Month shall also be paid. Page 2 of 5 General Letting Provisions Term of Agreement The Landlord agrees to let and the Tenant agrees to take the property for the Full Term of this agreement at the agreed Rent Payable as above and under the Terms set out in this Assured Shorthold Tenancy Agreement. Exclusions from Rent Rent shall not include Gas Electricity Water Sewerage Telephone Cable Internet Service Provider or Television Licence charges. The Tenant will make arrangements for the supply of and payment for these utilities and services which shall be in addition to and separate from the rent. Council Tax Student Exemption In the event of a Council Tax bill being served on the Property during the Tenancy the Tenant shall be responsible for paying such a bill. The Tenant is responsible for claiming from the Local Authority such Student or other exemption from Council Tax to which the Tenant may be entitled and to promptly provide Certificates of Student Exemption. Change in Rent The Rent may not be changed before the expiry of the Term of this agreement or the first anniversary of the letting whichever is earlier. Service of Notice to the Tenant Any Notice to the Tenant shall be deemed as properly served if sent by recorded delivery or registered post or if hand delivered to the Property. Service of Notice to the Landlord Any Notice to the Landlord shall be deemed properly served if sent by recorded delivery or registered post or if hand delivered to the address detailed above as the Landlord’s address. Landlord / Landlady For the purposes of this agreement the term Landlord includes both the Landlord and the Landlady and any persons(s) entitled in reversion expectant on the Tenancy. Tenant For the purposes of this agreement the term Tenant includes the person or persons deriving title under the Tenant. Joint and Several Liability Where several Tenants agree to take the Property together each Tenant shall be jointly and severally liable under this agreement. Tenant’s Obligations The Tenant agrees with the Landlord : Payment of Rent To pay the Rent at all times in the manner specified above and not to reduce any payment of rent by making any deduction from it or by setting any sum off against it. Payment of Other Charges To pay promptly all Gas Electric Water Sewerage Telephone Cable Internet Provider or Television License charges which become due as a result of or during the Tenancy or such proportion of them as agreed by the parties. To pay for the cost of reconnection of all such services if they are withheld owing to the act or omission of the Tenant. Care of the Property To take all good care of the Property and it’s contents and to keep the same in good and clean condition and in complete repair (damage by accidental fire and reasonable wear and tear excepted) including the Landlord’s fixtures fittings decorations furnishings and appliances (including any additions after the date of this agreement). Not to remove any of the same from the Property. Not to damage or injure the Property or items in the Property or to make any alterations or additions to it or decorate any part of the property without prior written consent of the Landlord. Not to glue stick nail or otherwise fix anything whatsoever to the exterior or interior of the Property without the Landlord’s prior written consent. Page 3 of 5 Tenant’s Obligations (2) Heating Ventilation and Gas Safety To keep the Property well and sufficiently aired and warmed at all times during the Tenancy, and to take all reasonable precautions to prevent damage by frost. Not to block, temporarily or otherwise any fan or natural air vent or any ventilation provided specifically to comply with the Gas Safety Regulations. To immediately report to the Landlord any smell of gas or malfunction of the gas central heating system. Not to introduce to the Property any portable electric fires or heaters or heaters fuelled by paraffin liquid or bottled gas. Report of Damage or Disrepair To promptly report to the Landlord any damage disrepair or defect accidental structural or otherwise in respect of the Property or the fixtures and fittings and to report any failure of mechanical or electrical appliances sockets or switches. Locks and Keys Not to alter change or install any locks on any doors or windows in or about the property or to have any additional keys made for any locks without prior written consent of the Landlord and to return all such keys to the Landlord at the end or sooner determination of the Tenancy. Waste Disposal To collect rubbish and waste in a proper receptacle and to empty such waste into the refuse bin(s) provided outside the front of the house, and to ‘put out’ the bin(s) on the appropriate day for refuse collection by the Local Authority, and to ‘bring in’ the bin(s) immediately on the same day. Leaving the Property Unattended Not to leave the property vacant for more than 14 consecutive days without notifying the Landlord. To properly secure all locks and bolts to the doors windows and other openings and to set the burglar alarm at all times when leaving the property unattended. Reasonable Behaviour To behave in a reasonable manner towards other parties and neighbours at all times and not to do permit or suffer to be done in or on the Property anything which may be or become a nuisance or annoyance including unreasonable noise. Smoking Not to smoke or permit any smoking at the property without written consent of the Landlord, nor to use or allow the use of any illegal substances at the property. Illicit or Illegal Use of the Property To use the Property only as a Private Dwelling and not to use it or any part of it for any other purpose business trade profession or otherwise nor for any activity which is illegal or immoral nor to receive any boarders or paying guests nor to allow anyone else to do any of the aforementioned. Assigning & Subletting Not to assign part with the possession of or underlet or sub-let the Property or part thereof or let any other person live at the Property. Forwarding Notices To inform the Landlord immediately upon receipt of any statutory notice served by any Local Authority or Utility regarding the property. Landlord’s Access To allow the Landlord his agent or contractors access at all reasonable hours of the day or night time to inspect the Property or to maintain the Property or adjoining property or to enter and view the Property with prospective Tenants or Purchasers. (The Landlord will normally give 24 hours notice, but may require immediate access in an emergency). Page 4 of 5 Tenant’s Obligations (3) Preparations before giving up possession To yield up the Property fixtures fittings and furniture at the end or sooner determination of the Tenancy in the same good condition as at the beginning of the Tenancy. To reinstate the Property fixtures fittings furniture and decorations to the same good clean and tenantable order it was provided in at the commencement of the Tenancy, or to pay for the costs of the same to be done. To leave all items in the Property in the rooms or places in which they were situated at the beginning of the Tenancy, and not to remove any of the same from the Property at any time. To remove all personal furniture possessions and rubbish. To return all keys or to pay to the Landlord for the costs of replacing any lock where such keys are missing. Forfeiture of Tenancy If the Rent or any instalment or part thereof shall be in arrears for at least 14 days after the same shall have become due (whether legally demanded or not) or if the Tenant shall be in breach of any of the terms of this agreement the Landlord shall be entitled to end the Tenancy either by serving the appropriate notice and obtaining a Court Order or by re-entering the Property if it has been abandoned by the Tenant or anyone else with a lawful right under the Tenancy. If the Landlord exercises this right of forfeiture it shall be without prejudice to the other rights and remedies of the Landlord. Landlord’s Obligations The Landlord agrees with the Tenant : Ownership & Permissions That he is legally entitled to grant this Tenancy and has obtained the appropriate consents. The Landlord also confirms the property is not subject to any restrictive covenant or other provision which has not been disclosed to the Tenant and which would restrict or lessen the Tenant’s enjoyment of the property. Payment of Rates To pay and indemnify the Tenant against all assessments and outgoings in respect of the property except as otherwise provided by this agreement. Quiet Enjoyment That the Tenant paying the rent and performing all the agreements and obligations on the part of the Tenant may quietly possess and enjoy the property during the Tenancy without any unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord. Condition of Property To give the Tenant possession of the Property in good repair and in habitable condition at the start of the Tenancy. Decorations The Landlord shall be responsible for all internal and external decorations. Duty to Repair To carry out any repairing obligations as required by this Tenancy agreement which shall take effect subject to the provisions of section 11 to 16 of the Landlord and Tenant Act 1985 as appropriate. Insurance To insure (a) the Property and (b) if the Landlord so wishes, the Landlord’s fixtures, fittings, and belongings. The Landlord shall not be liable to insure the Tenant’s belongings.

Now I'm starting to get really confused. I think from what I can find on the internet that because not all of the tenants signed the contract then it is in fact void. If it's void then I'm on a periodic contract which is the old contract continued which was on the same terms as the one I was in last year and is still for a fixed term of one year. My deposit is not currently in a TDS. If the contract from July 1st 2008 was valid then my deposit (paid before April 4th 2007) is protected. If it's invalid because not everyone signed it then my deposit isn't protected. Is this right? If I've paid rent on the basis of the new contract (which may be void) and the old contract has continued then am I entitled to a refund? To add a little more to the confusion the tenants haven't received a utility bill for 18 months. What can we do?

In early February 2009, one of four housemates told the landlord she wanted to leave the property and gave notice to terminate the AST agreement. It transpired that as she'd not actually signed the contract she didn't need to give notice anyway, or so the landlord and she said. Further, one of the other supposed signatories hadn't signed the contract. This leaves me as one signatory and the landlord's daughter, both who provided signatures separately but at the beginning of the tenancy. I'm desperate to leave the property and thought I'd found a way out because one of the tenants had given notice and the landlord had accepted this thus terminating the agreement. As it happens there was no agreement. I had no intention to be bound by my signature if it was just mine and the landlord's daughter and the other people named weren't going to sign. I've not paid the most recent rent due to this discovery as I don't want to give an indication that I'm accepting the position. Is the contract valid? If it is, do I have a way out because she's left? If not, how else can I get out without incurring cost? Thanks in advance for any assistance.