Being made homeless because of a clause

ZippyUK

Northwood are technically making me homeless because of a clause in my land lady's contract with them for guaranteed rent:

15 Circumvention of Contract
15.1 The Landlord shall not enter into any Tenancy Agreement or contractual
commitment in respect of the Property with any Sub-Tenant of the Tenant who
has occupied the Property either during the Term or up to nine months after the
Term of this Agreement.
15.2 In the event that the Landlord does enter into a Tenancy Agreement or contractual
commitment in contravention of the terms of clause 15.1 hereof then the Tenant
shall be entitled to claim compensation from the Landlord by way of liquidated
damages in a sum equivalent to six months Rent as defined in this Agreement.
15.3 Should the Landlord at the end of this contract wish to change over to either our
Gold, Silver or Bronze schemes, the Tenant will allow it provided that the Sub-
Tenant residing in the Property has vacated the Property at the end of this
Agreement.
15.4 Should the Platinum contract not be renewed at the end of the Term then
Northwood may allow the Sub-Tenant to remain in the Property subject to an
Introduction Fee payable by the Landlord.

My land lady wants to keep me as a tenant and go private, which i am happy to do, plus the fact she gets more money in her pocket.

I have been a model tenant, paid my rent on time and have also decorated and kept the place clean and tidy.

Its just this dam clause that is giving us so much grief.

Is it worth me taking this to the Property Ombudsman?

Btw Northwood have shown me no interest as regards trying to help me find another place, not that i can afford to move, plus the fact i don't get my deposit back for up to 14 days after i move out.

Any help would be appreciated

Thanks

ValHaller

I don't like the Northwood agreement one little bit. But let us be clear about it, your Landlady can pay the penalty under her agreement. The fact that she will not means that it is your Landlady who is evicting you.

Although contractually, she is not your Landlady. When does your contract run out?

fishpond

Either you are the sub tenant or I am missing something?

ZippyUK

Thanks for the reply's, well yes i could go for the long drawn out process of eviction, but i don't really want to go there as i want my deposit back.

Yes i know that technically its my LL's that's making me homeless however it would not be so if it was not for this clause, she can not afford to pay the penalty, like i cant afford to move.

Got notice for Aug 9th however it has been agreed that it will be Aug 12th as i cannot get time of work.

ZippyUK

fishpond wrote: »

Either you are the sub tenant or I am missing something?

Well yes i am however there is not wording as regards sub tenant in my contract.

roger196

Just to clarify, I assume Northwood are the letting agents. I assume that you have an assured shorthold tenancy. I assume that you use the term landlady as the female form of landlord rather than in the context landlady / lodger.
If this is correct, the terms of the agreement between the letting agent and the landlord are irrelevant to the tenant. If the landlord wishes to evict you, then theartfulodger sets out what has to happen.
Do not get yourself involved in a contractual dispute between the landlord and letting agent over what looks like unfair terms in a contract

fishpond

So, please correct me if I am wrong,
You are a sub tenant of the original tenant?

ValHaller

ZippyUK wrote: »

Well yes i am however there is not wording as regards sub tenant in my contract.

No, AIUI, you are Northwood's tenant and your agreement is with them - if it is any different, please let us know.

roger196 wrote: »

Just to clarify, I assume Northwood are the letting agents. I assume that you have an assured shorthold tenancy. I assume that you use the term landlady as the female form of landlord rather than in the context landlady / lodger.
If this is correct, the terms of the agreement between the letting agent and the landlord are irrelevant to the tenant. If the landlord wishes to evict you, then theartfulodger sets out what has to happen.
Do not get yourself involved in a contractual dispute between the landlord and letting agent over what looks like unfair terms in a contract

As above. Northwood are not operating as letting agent, they are operating as tenant and subletting to OP.

PaulLuke

Which means that any issue with you staying on and contracting directly with the the owner is between the owner and Northwood.

To be fair whilst not great from your perspective. The owner choose to sign that commercial agreement so she needs to resolve it, has she tried negotiating a reduced fee?. I spotted a very similar type clause in a normal letting agreement and had it removed because I didn't like it and thought it was excessive.

G_M

As I understand:

* The property owner (landlady) has let the property to Northwoods (her tenant)
* Northwoods (the OP's landlord) have sublet to the OP (Northwood's tenant)
* the owner's contract with Northwoods has a clause protecting Northwoods from the owner cutting them out and letting directly to a subtenant (eg the OP) who they (Northwoods) have found (at their expense & through their/own good marketing/selection procedures)

* The clause(and penalty costs) you quote are entirely a matter between the owner and Northwoods.

* Northwoods can terminate the tenancy with the OP at any time in accordance with normal tenancy law
* The owner cannot end the OP's tenancy
* the propertyombudsman will not be interested!

1) Why do Northwoods want to end your tenancy?

edit: none of the above implies my approval for these types of 'guaranteed rental agreements', but since the landlady signed up to it, she must abide by it!

Annisele

ZippyUK wrote: »

Got notice for Aug 9th however it has been agreed that it will be Aug 12th as i cannot get time of work.

Who gave you notice?

If the "landlady" gave the notice, but you're actually Northwood's tenant, then the "landlady" has no right to give notice - and you might still be liable for the rent.