Problems with renting - can anything be done?

matt99b

Hi everyone, my sister is in a bit of a pickle.

Her and her boyfriend started renting a 1 bedroom flat in London, on a 18 month contract. Then within a short while, the boyfriend cheated and ran off with another woman. He is now living with his friends, and has left my sister on her own in the flat. The bills are in his name, but he is planning to stop paying the bills in a month, so my sister can either take them in her name or her services will get cut off. He is paying half the rent, but refusing to help her find new tenants to take over the contract.

She isn't happy living alone, and wouldn't have taken the flat had she known she'd been on her own. She simply can't afford the bills on her own. She basically needs to get out of this flat. She has found plenty of other shared houses to move in to, but she is having difficulty getting out of this contract.

There is no escape or cancellation clause in the contract. The letting agent is refusing to allow her to get in contact with the landlord. The letting agent is based up north (hundreds of miles away), and is refusing to allow my sister to set up a meeting with them, and they aren't willing to listen or help at all. My sister has been trying to find new tenants for over 4 months now, and has only managed to find 2 prospective tenants; each time, just before they transfer the contract over, they tell her "Sorry, the letting agent is just being too difficult, the process taking too long with them and is too much hassle." and they pull out. She is advertising on gumtree and every available space everywhere, online, and in newspapers, but it seems to be very difficult to find someone, and when she does, the letting agent puts the new tenants off. She is doing group viewings all the time, but ultimately, people filter in at slightly different times and men arrive on their own to view the flat, so, as a female, she feels uncomfortable doing these viewings on her own. Unfortunately, her friends and myself are not near enough nor available to help with these things.

There is about 14 months left on the contract, which is a long time.

Basically, we all realise her ex boyfriend is a ****, but that aside, there must be a way to help her improve this situation and get out of that flat. There must be some kind of protection for situations like this, is there anything she can do? She isn't comfortable living alone, can't pay the council tax and bills on her own, and can't live without heating and electricity.

Is there anything she can do?

clutton_2

gosh - what a sorry tale .... i would suggest taking her Tenancy Agreement to Shelter or the local council PRivate Sector Housing OFficer to see if there is a Break clause, or whether they may think it an "unreasonable term of contract" that she signed for 18 months in the first place.

is there a "joint and several" anywhere in the Contract ?

i do think tho that she will simply have to walk out and risk being taken to court by the Landlord. Can she not find out on Land Registry who the owner is and write directly to him/her ?

Is the agent a member of a Professional body ? she could complain

i have never heard of an 18 months agreement being signed as the first agreement between landlord and tenant - its too risky for both parties

if you stop paying your rent the agent may take you to court to evict her - but she may then end up with a CCJ

Legally - the boyfriend is doing his legal minimum by paying half of the rent.....

can she not get a girl friend in to share the bills (on an unofficial basis) until the end of the Contract - the agent wont know if he is hundreds of miles away.....

theartfullodger

Sorry to hear the story

I think the agent is being very stupid: When the Landlord eventually finds out what has been going on he probably won't be pleased with the agent (Did you read what I said there agent?? - - he's probably lurking & reading this-)

1. You say Agent will not give tenants address of Landlord. You now have two approaches....
a) Write to Landlord a "Private & Confidential" letter (stating that on the envelope) sent c/o agent (nope, I reckon they will open it also...)
b) Try & contact him direct...

Have you been given an address to "serve notices" for the Landlord?? Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served.
(See..
http://www.landlordzone.co.uk/landlord's_address.htm
)

and the stuff further down that item about forcing authorities to disclose addresses they have

Or, try the landregistry (see..
http://www.landregistry.gov.uk/
"Find a Property" 7am to midnight Mon-Sat..
) and for £3 british pounds, if the property being rented is registered you MIGHT get his home address

Or ask neighbours/workmen/postie/anyone who might know his address..

Re lodgers etc... tricky,.... by getting one without the written agreement of LL (usually) you'd be breaking the tenancy agreement BUT I think that the court might decide in such circumstances that such agreement should "Not unreasonably be withheld"



However, as you indicate the contract says 18 months and that usually means just that. But most sensible LLs will do some sort of deal, particularly if new tenant/tenants can be found & money changes hands..




Nope, life ain't fair.. sorry.

Cheers!

Lodger (A Landlord)

franklee

Yes, why can't she take in a lodger?

matt99b

When she explained to the letting agent the situation over the phone, they were very unsympathetic, and among other things warned her against sub-letting.

I thought of suggesting a lodger to her, but her friends don't live nearby, and I just know she won't want to live in a 1 bedroom flat with someone she doesn't know (there is only 1 bedroom - and the kitchen is in the lounge so it would be impossible to live with someone unless you're very good friends or in a relationship with them. I don't want to advise her to do something that could potentially get her into more trouble. It does seem like the agent has a bit of a chip on their shoulder , I just really hope there is a way out of this situation for her.

tbs624

The fact is that if the bf is signed up to a joint tenancy then he remains jointly responsible alongside your daughter for the rent payments, until the expiry of the fixed term or until new Ts move in. The problem, however, is that the LA can pursue either or both of them for the full amount of the rent and obviously if your daughter is the one living there it's easier to chase her up (though your daughter can then chase up the bf via the county court)

Your daughter is legally entitled to know the name and address of her LL: the LA dopes not have an option. She should write to the LA formally requesting the information , stating that she understands that they have 21 days in which to provide this information under S1 of the LL and T Act 1985. If they don't give her the information within that time period , the LAs are committing a summary (criminal) offence. She should send the letter recorded delivery and keep a copy for her own records.

The LL should be told what is happening with the property: if your daughter defaults on her rent and the LL ends up with a void on the property the LA would have some explaining to do.

The local Council have a Private Sector Rentals Team/Officer who can help your daughter if the LA still won't provide the LL's name and address and appears to be being obstructive over new Ts.

Does the LA do everything that they are supposed to do with this property - do they sort repairs /maintenance issues out and did they provide an EPC, gas safety certificate and scheme-registration of your daughter's tenancy deposit?

In the meantime has your daughter checked whether she is entitled to any top up benefits that would help with C Tax etc?