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Hi All and thanks for reading :)

I have recently moved out of a property where I was on an assured shorthold fixed term contract(2 years but I came in as a replacement tenant for the last 10 months of it).

2 of the 3 housmates decided to leave the property at the end of the contract, as we didn't want to sign for another 2 years.

 

The 3rd housemate has stayed on at the property. The problem is this-

The estate agents refused to start a new tenancy agreement with him, as he is seen to be continuing the old tenancy. We refused to extend the tenancy, handing in a months notice(even though we didn't have to) via email and sent letters. ALL 3 HOUSEMATES agreed to terminate the contract at the end date.

 

The one staying told me he was going to advertise for replacements, and that he had found someone already for my room, he told me that a couple of days after I gave him my notice, but to my knowledge he never attempted to get someone for the other room. I spoke to the guy moving into my room who said he would be able to move in before the end of the contract and give me some money back, so I vacated the house a week before I had to.

 

Both of the leavers returned to the property to clean etc and left the house in a good condition.

The remaining guy hasn't filled the house, and now the estate agents are saying that they will take the money for the rent out of the deposit we paid!

 

So basically- 2 people leave, remaining housemate says he will sort out replacements, doesn't, and now we 2 have to keep paying rent for this guy to live in a 3 bed house by himself! He is very childish/aggressive so trying to reason with him and sort the issue out is proving very difficult and the estate agents are siding with him, saying that we are liable for the rent, as him staying has now moved the contract on into a periodic tenancy.

 

The only 2 possible actions I can see to take are 1- immediately hand in notice to end this new tenancy that he has created(which will mean he has to leave the house- I would rather not do this as it is in effect making him homeless-I still have a conscience, even if he is proving not to so much) or 2- he manages to find people to fill the rooms OR pays us the money that will be deducted from our deposits.

Obviously he isn't going to do the latter, which leaves me no choice but to terminate the new tenancy.

 

Any help or advice on this would be massively appreciated as the situation is upsetting, stressful and potentially expensive!(This is London rent so will be £550 for each housemate per month).

 

Thanks,

Finarina

Edited by finarina
misspellings!

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Oh! and ps- the guy who was going to take my room kept stalling and delaying, and still hasn't moved in, so the rooms are still empty!

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Dates please ie

date orig AST commenced

length of fixed term

date you moved in

 

From what you say. no new T was created, orig T beame SPT at end of fixed term and all joint Ts remain liable for rent etc.

All you can do is serve valid NTQ for self if T is now SPT, This will end T for all.

Remaining T may not have to vacate if LL offers him a new AST. He will have min 1 cal month, poss just under 2. to find alt accom. We need those dates.

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Hi Mariner, thanks for your reply. The dates are as follows-

2 year assured shorthold tenancy began 12th November 2012. I replaced one housemate on the contract as an addendum on the 12th January. The 2 years was up on the 11th Nvember(just gone). The estate agents insisted that the only way we could leave was to find replacement tenants, but this would have left us responsible to pay any rent if people weren't found, so we refused to sign an extension and instead all 3 housemates issued notice via letter and email.

3rd housemate stayed put, said he's found replacement for 1 room, so I left early to accommodate this guy, who has since stalled and still to this date hasn't moved in. No 3rd housemate has been found. The estate agents are saying they will take the rent for this month out of our deposits.

We have been advised to terminate what has now become a periodic tenancy(according to a lawyer friend, the act of staying in the house has made the notice we served invalid, so the tenancy has become a peridic, which any one of us can end at any time). What I need advice on is what the notice period for such a termination is, and whether we ARE actually liable to pay the rent arrears, even though this guy took responsibility for finding new people, and even though our 2 year contract has come to an end. The whole situation seems incredibly unfair and biased.

 

Thanks in advance!

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you have to give one months clear notice to end on the 11th of month, so if you send notice now, tenancy will end on 11th January 2113 and that will be your rent liability, as you stayed beyond the 11th November.

utilities are a seperate issue for the named person responsable for the accounts.

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