Landlord problems

greensalad

Is it a joint tenancy? Or do you have individual agreements?

If it was a separate tenancy (you each signed your own contract with the LL) then I'm not sure where you stand IRT damages, as I think you would all be technically liable to share the damages between you in communal areas...

However if it was a joint tenancy (look at your agreement, was it a large amount of rent for the whole property with all of you signing the one document?) then your LL acted wrongfully. The housemate who left technically broke the contract for all of you (you're joined together almost as one single 'tenant' in a joint tenancy). In order to have a new tenant to replace the old one, the entire contract between all housemates would've been broken, i.e you would all have to agree to end the tenancy early with the LL, and then the LL could offer you a brand new tenancy including the new housemate.

This is UNLESS the LL has instead decided to sublet. This basically means the original group of you (including the housemate who left) are still in the contract (so they are also liable) and the new housemate is subletting the room from the old housemate.

Check your tenancy agreement to see if it allows subletting. It may say no subletting is allowed, it may say it is allowed at the permission of the LL. Find out what they signed and then you will know better where you stand.

Edit: to add to this, if the LL did just dump a new tenant in your agreement without doing any of the above and is in breach of contract, you should have a bit of a case. Technically you can choose a new housemate and refuse unsuitable ones, however you could be accused of not mitigating the circumstances of the breach of contract (when the old housemate left). 'Suitable' doesn't mean you have to like the new proposed tenant.

Personally I would contact the LL promptly to complain about the housemate, and particularly problems like the smashed glass. If the LL just put the housemate in your joint tenancy wrongfully, then you may have a bit of a case against him/her. Tell them that the damage was done by a tenant you didn't agree to, and tell them that if they withhold your deposit to pay for damages you can take them to court over the breach of contract... I would think that that would be enough for them to simply take the damages from the housemate who caused the damages in the first place.

tkc

That's a bit of a mess, I think this is exactly the sort of case that would benefit from help from Shelter, CAB, tenancy relations officer etc. as already mentioned.

I'm not sure, but I think technically the original contract is still ongoing. On the plus-side this means you have no privity of contract with the new tenant, and therefore shouldn't have liability for his damage. On the down-side this could mean you are still liable for the previous tenant's damage and ongoing rent if he cannot be found to recover the damages from.

The landlord has broken so many procedural laws that if this ever went to court, the case would be longer and murkier than the river Thames. If the landlord has any sense he will accept the damage and learn his lesson. However, if he hasn't bothered to follow any of the relevant law thusfar, that suggests he is either a bit ignorant or arrogant.

I realize this was first posted a while ago, and the situation may have moved on, but if you haven't taken action yet:
1. Start noting all bad behaviour by the new tenant and record all damage done.
2. Speak to a housing charity, government service or a solicitor if you can afford it. Personally I think this is a little beyond a SU housing office.
3. Politely detail your perspective on the problem, and the legal position as you understand it, in a letter to the landlord. Try to reach a compromise, the landlord may be up for a battle currently but a legal battle will not suit anyone.