Lodger Agreement for Lodger, rent book?

Fire_Fox

I can't get my head around what the landlord has done. You have an AST to rent the full flat - is this in your name or joint names with anyone else? Has this AST been cancelled or is it the only contract with your name on? Subsequently the landlord signed a new document for four months with the other tenant, and this is also an AST? If so six months is the minimum term. Does it have your name on or just the other tenants? Does it supercede your original AST?

Or is it a document to add the tenant to your pre-existing AST for the remainder of the fixed term? The landlord cannot sublet the room to the new tenant when you are already letting the entire flat on an AST. If you were renting rooms separately with individual ASTs then you would owe rent separately and your contracts would specify the amount that was due from each. If the tenant has been added to your existing AST so that you are now on a joint tenancy, you are each jointly and severally liable for the full rent.

Nobody can let out the tenants' room until the existing contacts have properly been declared null and void, either by the agreement of both parties or by posting an abandonment notice (?on the other bedroom door) or by the landlord serving a section 8 or 21 notice to quit on (probably) you both. If he served notice there is no reason why you couldn't sign a new AST in your name only and then sublet to a new housemate.

N79

flowerpotgirl2006 wrote: »

N79

The guy i shared with before - he was jsut looking for somewhere to stay - the LL said heneeded a tenancy agreement with the guy so that if there was a problem the LL could come in and the T couldnt say 'i dont know who you are' so the LL and T signed a formal tenancy agreement for 4 months. I have my own tenancy agreement from when I first moved in to the flat in May 09

the T paid his share of the rent to me, and I paid the rent to the LL

So you were acting as your LL's agent rather than as the second T's LL. Do you have a written agreement with the LL which outlines your respsonsibilities as an agent?

the T last paid rent on 4th december - his next fortnights rent was due on 18th - he said he would pay me that weekend - then the T was 'out with friends' and I never saw him before I left to visit family on 23rd December.

I returned to the flat on 28th December to find the Ts room in a mess, clothes all over the place, no rubbish taken out - but his main things - bathroom stuff, straightners, ipod etc are all gone but there are clothes and bedding left

I texted my landlord and said that I had paid the rent for December but the T appeared to have done a runner and I was owed money, and the LL said that I am the tenant and that it's my responsibility to collect the T's rent and forward to him in one monthly payment.

You paid the LL money that you did not receive. This was a mistake but I am stuck for how you can rectify it now other than by appealing to your LL's nature (which is clearly not going to work).

Technically, because I collected the T's rent, I'm the LL, but the T has a tenancy agreement with my LL in writing.

Wrong, you are the LL's agent. The LL is the person identified as the LL on the tenancy agreement.

I cannot really afford to live in the flat on my own, and lots of people are interested in renting a room, which I would like to do as a 'lodger' so I know I am responsible for the burden of the full rent if the person ups and leaves.

You are only responsible for the level of rent shown on your tenancy agreement. You are not responsible for the rent on any seperate agreement between the LL and T2.

But it seems I cannot just store the T's things away and re-let the room because of the abandonment laws on allowing him to return...

Correct, the LL needs to evict T2 first. He may be looking to you to do this as his agent (refer back to my first post about do you have a written agreement of your responsibilities?)

I have tried to contact the T who has abandoned but the number has been changed and the LL did not get any family addresses or numbers. I found the Tenant orig to 'flat share'

Can I pack the T's things up, store them safely, let the room to a 'lodger' and see if the T returns?

Technically no but in reality you can probably get away with this but you must be willing to evict the lodger at a seconds notice if the T returns. Therefore you will need to be careful that any lodger agreement requires no notice period. This may not be acceptable to prospective lodgers.

Should I even be worrying about it as there is a signed tenancy agreement between the T and the LL?

And technically, who is the LL, is it me because i collected the rent, or my LL because there is a signed tenancy agreement between him and the T?

Answered above - you are the agent and your responsibilities will depend on your agreement with the LL for what, as his agent, you are responsible for.