Rental Contract- Is this legal??

Ais1981

Hi,

Was wondering if someone could help me - On Feb 1st I signed a contract for 6 month to expire on August 31st - there were 3 people on the contract my boyfirend and another girl. The week our contract was to expire (last week) my landlady contacted us to arrange the signing of a new contract which was arranged for this week- after the contract would have expired (4th September)

On Monday I contacted my landlady via email to say I did not want to sign a new 6 month contract due to a change in my circumstance - that I wished to give 30 days notice - my contract stated that once the 6 months elapsed, the contract then became a month to month contract.

My landlady has now come back and said because the 3rd party on my contract does not wish to vacate the property, that Iand my boyfriend are bound to stay in the flat until she does wish to leave or we have to find 2 people to take our place.

This would mean we are at the mercy of the 3rd person of the contract should we not find suitable replacements?? Also I believe we should not be obliged to find new suitable tennants as the contract is only monthly and we are essentially terminating the contract siince we have given notice.

Surely if this 3rd person wants to stay in the property she can start a new contract with new flatmates and this is between the landlady and her?

Can someone with some legal knowledge pls advise?? I am totally expaserated as have lived in the property for 3 years and never had any problems yet leaving it is becoming a nightmare!!

Thanks

A

tbs624

Your LL is wrong: she is no doubt regretting not getting you all signed up before the old contract expired.

Upon expiry of the original term, in the absence of the new contract, you have gone onto a Periodic Tenancy - you have to give 1 month's notice to tie in with a rent period and she has to give you two.Be aware though that if your notice is just one day late you will be jointly and severally liable for a further whole month's rent ( if you were all signed to the one contract).

When you signed for the new Fixed Term in Feb did the LL scheme-register your deposit ?(if Eng/Wales)

It's a shame that such a long previously trouble-free tenancy has to end in discord. Whilst people do have genuine changes of circumstances that are beyond their control, you perhaps could have been fairer to your LL by letting her know of your plans earlier.

olly300

The landlady is trying it on.

Check your tenancy agreement it is likely to say that you are jointly and severely liable for everything. That means that if you want to give notice, you and your boyfriend can give notice for all parties.

It is then up to your flatmate to sort out finding other people to share with her if she wishes to stay.

I suggest you first:
1. check your tenancy agreement to see if it has the above wording.
2. contact your landlord first over the telephone and then with a letter send by recorded delivery telling her that notice was given by all parties due to the fact that you are jointly and severely liable for the tenancy agreement.

The letter is needed in case you have problems getting your deposit back and have to go to court.

I have been in house shares where people have left for various reasons the landlords have dealt with it by either:
1. making all parties leave if one of them wants out
2. making the housemate(s) staying get someone to replace the person leaving
3. making the housemate going finding someone to replace them. This only happens if the housemate is within the fixed term period.

Ais1981

Thanks for your responses- you've been very helpful.

I do know that it would have been more considerate to give her the notice on Aug 1st - yet in both instances she would have only had one months notice. The reason I am leaving is because I generally find the flat unsafe, as it has been burgled, and I could not commit to living in the property for another 6 months.

Just to confirm - as the 3rd party wants to stay on this does not have any baring on me and my boyfriend wanting to end the contract- we are within our right to request the contract is terminated?


thanks for all your help again!

tbs624

Ais1981 wrote: »

Just to confirm - as the 3rd party wants to stay on this does not have any baring on me and my boyfriend wanting to end the contract- we are within our right to request the contract is terminated?

Yes - Olly expanded on this for you. If one or more tenants who are signatories to a joint contract give proper notice that they want to leave at the end of a rent period/fixed period then any remaining tenant has the choice of leaving at the same time or negotiating a new T Agreement along with some new co-tenants.