Housemate allowed to stay after contract ended and ruined house!

DannyWhoWorks

Hey, last week the contract ended on my student house. We was told to be out by 2pm that day in which we was. We also got a standard check list of things that must be done before leaving the property - cleaning, making sure all furniture is there etc., keys left in doors, etc.

This was all done and the property was left in a very good state. However, One of the housemates had permission from the letting agent to stay in the property three extra nights.

This housemate was a total nightmare to live with - dirty, unreliable and a thief!

We have now got an email from the letting agent informing us that when they checked the property for the first time (three days after our contract ended!) it was in such a state, furniture missing, keys missing, etc. and they are charging us for this!
Now, I worked so hard and even come back down to the house to stay for the last two days of the contract (I had gone back home) to make sure it was in a good condition so we were not charged! This is very frustrating that THEY decided to let someone stay in the house OUTSIDE of the contract and did not check the house when the contract WE signed ended - but checked the house after, really, they let another tenant stay in the house (even though it was the same one who was in a contract with us)

I just wanted to know what others thought and if I am in my right to refuse to pay any damages because one; within our contract that house was spotless and in perfect condition (though I have no proof of this!) but importantly, it is them who let this nightmare housemate stay outside of the contract we all signed as a group.

Thanks so much for any advice!

zzzLazyDaisy

Were your names all on the contract? If so you are jointly and severally liable. The landlord can come after any and all of you for the money. It is then up to you to chase the 'bad apple' for what he owes you (if you can find him, and if he has any money).

DannyWhoWorks

zzzLazyDaisy wrote: »

Were your names all on the contract? If so you are jointly and severally liable. The landlord can come after any and all of you for the money. It is then up to you to chase the 'bad apple' for what he owes you (if you can find him, and if he has any money).

Yes they are all on the contract .

It just does seem fair as the contract we signed was till a certain date! we moved out that date, did everything correct. I really don't understand how it is fair for them to allow someone to stay extra. From the end of the contract, it really should not be any of our business who lives in there and what happens - surely this is between the letting agent and the 'new tenant' even if its for three extra nights! but of course, I am not moaning at you! just the situation! . Importantly, the damage, loss of keys etc. was done AFTER our contract ended.

zzzLazyDaisy

You are right, it is unfair that this has happened. But where you made the mistake was in not insisting on an inspection by the landlord at the end of the contract, when the rest of you moved out.

The fact is, that you were all named on the agreement, and you did not all move out at the end of the contract, so the contract continued after the fixed term, albeit only for three days.

DannyWhoWorks

zzzLazyDaisy wrote: »

You are right, it is unfair that this has happened. But where you made the mistake was in not insisting on an inspection by the landlord at the end of the contract, when the rest of you moved out.

The fact is, that you were all named on the agreement, and you did not all move out at the end of the contract, so the contract continued after the fixed term, albeit only for three days.

Ah yes, thing is. We did not know he was given permission and was not informed by the letting agent that the contract had been extended or anything! It is only a week later we found all this out. When I left at 13:45 (contract ended at 14:00) as far as I was aware that was it. ended. but I totally understand what you are saying! I guess it is just one of these unfair situations! really appreciate your feedback and advice!

bebewoo

Did you not take photos before you left?

brendon

Can a contract be extended without notifying all the signees? Could it not be argued that the extension of the contract to one particular individual constituted a separate contract?

whitewing

I don't think it is fair.

Did you have insurance? Did you have legal cover as part of your insurance?

Also, can you get advice from your university?

Bored31

Hi, I recently had some issues concerning damages at my Uni accommodation, so have some experience of this. Thought this might help:

- Email your student support services? Or Welfare officer at your Union? They might be able to help? Or at least give some advice.

- Send your letting agency an Email stating EVERYTHING. Use your GCSE English persuasive writing skills here! E.g. Using 'You did this,' 'this is YOUR fault as ....etc', 'We had no idea that X happened,' 'This goes against the contract' etc

At the end of this email threaten to take this issue 'to a higher power', an MP etc.... Threaten to get them blacklisted with the University? (Even if you know you can't, they make their money from Students, if the students are told not to use them, they will lose revenue)

-The letting agency think because you are students, they can take advantage of you. Don't let them! Keep at it! I know from a friend that Letting Agents, even for non-students, rip you off, lie etc...

Good luck!

DannyWhoWorks

Thanks so much for the replies guys! I'll keep you posted!

Steer100

I am a letting agent.

The landlord/agent would have protected your deposit. This means that you will be able to raise a dispute but they will ask for proof of course. Usually there is an independent inventory clerk who would have checked you in when you move in and when you moved out- was there this? If not, like others said- did you take photos when you moved out?

If the landlord/agent didn't protect your deposit then you can sue them for 3x the amount. This is common with small dodgy agents that seem the type to let tenants stay longer than their contract so you never know.

Basically unless you can prove that you left it in an ok state, you don't have a leg to stand on as you had a joint tenancy. Hope to be of help- any questions let me know