Landlord problems

gaaad1

Hi everyone, I'm new here and not really sure how this works but will give it a whirl. For those that help me out I'd like to thank you before hand.

I'm a university student living off-campus (I have no guarantor). It's a 4 person, 12 month joint tenancy. It hasn't been a happy home by any means which resulted in one tenant deciding to move out - this is where the problems really begin. Please bare with me and I hope I don't miss anything.

The tenant left and got replaced with new tenant. The old agreement was left as it was. The new tenant signed a separate document. There was no agreement or new signed agreement from myself or the other existing tenants.

The first tenant left without the permission of the rest of us and only made an agreement with the landlord. The landlord did not tell us that we needed a new tenant and decided to add a new person without telling us.

I know it seems strange but I didn't realise I had a new housemate until a month after the new person had moved in. This was because our old housemate would regularly allow others to use her room and I assumed this was just another of her 'friends'.

I've only recently learned that I have certain rights as a tenant. So I'll get to the point (so many questions pop into my head because of how strange this all is).

Am I liable for the damages this new person is responsible for? How do we seperate what he has done and what the rest of us have done ? We had no deposit and I had no gurantour, what is likely to happen? What can I do to protect myself?

Dunroamin

gaaad1 wrote: »

Am I liable for the damages this new person is responsible for? How do we seperate what he has done and what the rest of us have done ? We had no deposit and I had no gurantour, what is likely to happen? What can I do to protect myself?

You could argue that you can't separate what damage you might do from that done by one of your original flatmates.

Personally, with no deposit and no guarantor, it's the LL who isn't protected rather than you.

Lokolo

As above. The LL could sue you for damages but I doubt it would be worthwhile for him to (unless you did do some massive amounts of damage).

gaaad1

Yes this is why I've been worried

The damage is extensive, from the TV suddenly not working to the glass of the door being smashed

The new person wasn't chosen by us and wow do I regret this. Party after party (feel bad about this as our neighbours have young kids) resulting in more and more damge throughout the year.

Been thinking that I may be able to get out of this as my tenacy was not with him and the LL opened homself up to this when he brought in a new person behind our back without consulting us.

Furthermore, is it even legal to add someone into our home when we did not ask for this. The new tenant has been violent among other things.

Sorry my head is all over the place.

Norman_Castle

The landlord did not tell us that we needed a new tenant and decided to add a new person without telling us.

I would not accept responsibility for damaged caused by someone I did not choose to share the property with. Is the landlord aware of the damage and other problems with this tenant?.

Norman_Castle

See, Deed of assignment http://england.shelter.org.uk/get_advice/families_and_relationships/assigning_a_tenancy

This may not apply to a shared house. Search the Shelter site for info or contact them.

gaaad1

Norman_Castle wrote: »

I would not accept responsibility for damaged caused by someone I did not choose to share the property with. Is the landlord aware of the damage and other problems with this tenant?.

The landlord has been aware of the problems for quite a while. He comes by to make any repairs and uses this as an opportunity to take photos of the comunal areas. He even once felt the need to take pictures of our rooms but we warned him not to do this again. I'm starting to believe that he is trying to build a case against us all, but as you say how can he expect us to pay for the damages of someone we never agreed to live with!

As for the other tenant, the landlord chose him and I wonder sometimes where he found such a guy. It can't be okay that we've had to live with an aggressive stranger.

Norman_Castle wrote: »

See, Deed of assignment

Search the Shelter site for info or contact them.

thanks, will definitely look into all this

and now that I think of it will get legal advice from a solicitor

thank you to you all for responding

The_One_Who

I would suggest posting this in the Housing board, if you haven't already done so.

I'm not sure, but it might come down to whether your tenancy is for a room, or for the flat generally. From the first post it seems like it is for the flat, and so you may be held responsible. I am no expert though, and don't profess to know anything about housing or tenancy law. Look on the Shelter website, as already said, and possibly contact them for further advice.

MrsManda

I'd also go to your university's union. They'll have a housing officer who may be able to give you advice as students often get into difficulties with accommodation. They should either be able to help you directly or give you a contact of someone who can advise.

Voyager2002

Yes, the SU should know what to do. Seeing a solicitor might well be "over the top", and if they think the problem is so complicated that you need legal advice, they should be able to arrange this for you. Certainly you ought not to be paying to see a solicitor about this.

kittycatface

When we were considering getting support about LL issues we contacted the council's tenancy relations officer: each council should have a dept but remember taking ages to find it on their website in Sheffield. Try the main housing switchboard for your area if in doubt. totally don't envy you about this as have had similar issues in past with student living and reccommend you live with people you know well and trust next yr, its made my life a lot easier!!! Some ppl also go to CAB about housing issues. GOOD LUCK!

PS: you don't have to be a council tenant to seek support from the council, we are private rented and they were totally prepared to come visit.

PPS: Report tenant's violence to police. Unfortunately it doesnt count as domestic abuse even though it is happening under your roof, but ppl like that need to learn that there are consequences to their behaviour and they cant go round terrorising ppl. Even if you just get the incident logged and police give you incident number it may help at a later stage, maybe also anonymously ring the council's noise officer if the parties are continuing. hth x