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Landlord broke the contract
breaking_free
Posts: 780 Forumite
Hi there.
I posted on here about a month ago, but now my situation has changed slightly.
I have a joint tenancy with my estranged husband that expires in October. I left in January (due to spousal abuse), and informed the landlord at that time. I'm fully aware that as a joint tenant, I am still financially responsible for unpaid rent, damage, etc.
My husband asked the landlord if he could sublet to a new flatmate and the landlord agreed to do this. I, however, had no say in the matter. Is the landlord allowed to do this without my permission?
Neither of the tenants have been paying the rent for the last several months and are facing eviction. I'm concerned that my ex-husband will damage the flat on the day he leaves because he knows that the landlord will come after ME for all the unpaid rent and any damages.
Why would he come after me and not my ex-husband? Well he may try to take both of us to court, but I'm the only one with the means to pay (my husband is an alcoholic who will simply skip the country if court papers are served). The landlord knows this.
I believe that the landlord has broken the terms of his own contract by allowing a sublet. He has done this without MY permission. As the subletting flatmate has a dog (also against the terms of the contract) there could be additional damage done by the animal.
I know the landlord can pursue me for all the unpaid rent (even though I don't live there), but can he pursue me for damages that the new flatmate and my husband may have done?
Thanks for your advice in advance.
I posted on here about a month ago, but now my situation has changed slightly.
I have a joint tenancy with my estranged husband that expires in October. I left in January (due to spousal abuse), and informed the landlord at that time. I'm fully aware that as a joint tenant, I am still financially responsible for unpaid rent, damage, etc.
My husband asked the landlord if he could sublet to a new flatmate and the landlord agreed to do this. I, however, had no say in the matter. Is the landlord allowed to do this without my permission?
Neither of the tenants have been paying the rent for the last several months and are facing eviction. I'm concerned that my ex-husband will damage the flat on the day he leaves because he knows that the landlord will come after ME for all the unpaid rent and any damages.
Why would he come after me and not my ex-husband? Well he may try to take both of us to court, but I'm the only one with the means to pay (my husband is an alcoholic who will simply skip the country if court papers are served). The landlord knows this.
I believe that the landlord has broken the terms of his own contract by allowing a sublet. He has done this without MY permission. As the subletting flatmate has a dog (also against the terms of the contract) there could be additional damage done by the animal.
I know the landlord can pursue me for all the unpaid rent (even though I don't live there), but can he pursue me for damages that the new flatmate and my husband may have done?
Thanks for your advice in advance.
"The problem with Internet quotes is that you can't always depend on their accuracy" - Abraham Lincoln, 1864
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Comments
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If the scenario does happen this sounds like one to get proper legal advice on.
If the tenancy agreement specifically prohibits subletting and 2 of the three parties on the contract agreed to a sublet but you didn't it sounds like there's a case to be made that you're absolved of any responsibility for anything caused as a result of the variation of the contract that you didn't agree to.
That said however, from what you say regarding a flatmate implies that your husband remained living in the property and invited someone else to the property - This person would therefore most likely be classed as a lodger rather than a tenant so no subletting is taking place, in which case the subletting restriction in the tenancy doesn't enter into the equation.
If this is the scenario he can likely pursue both you and your husband for rent and damages, however assuming you have a copy of the tenancy agreement I would take it and any other written correspondence around the issue to a solicitor and ask for their opinion.0 -
One of the joint-tenants has asked for permission to sublet (which I'm guessing is as per contract), and the landlord agreed.
Then your husband took a lodger. If you don't like it see with your husband, not the landlord.
The landlord has done nothing wrong and can pursue you for any unpaid rent and any damage.0 -
Thanks to you both.
So it looks like the new flatmate is a lodger. Damn I hate English law. In New Zealand each tenant has their own contract so they, and only they, will ever be held liable for unpaid rent, etc.
There is no chance of me taking this up with my ex-husband. As I said, I left because of spousal abuse and cannot go back. I have had so much furniture broken, and in our previous apartment he smashed the walls - I am fully expecting the same thing to happen here and to get stuck with the bill for damages. It really is not fair."The problem with Internet quotes is that you can't always depend on their accuracy" - Abraham Lincoln, 18640 -
As has been said see a solicitor or for cheaper alternatives--CAB or SHELTER.I am a LandLord,(under review) so there!:p0
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breaking_free wrote: »So it looks like the new flatmate is a lodger. Damn I hate English law. In New Zealand each tenant has their own contract so they, and only they, will ever be held liable for unpaid rent, etc.
It's not English law, it's the specific contract you entered into.
I doubt that it would be different in New Zealand.0 -
Upon further reading of subtenant vs lodger (I looked up the Shelter website) the new flatmate is definitely a subtenant as they have exclusive access to their own room.
I'm going to take your advice to contact Shelter. Thanks for your help all."The problem with Internet quotes is that you can't always depend on their accuracy" - Abraham Lincoln, 18640 -
As others have said, it sounds like the flatmate is a lodger rather than a sub-tenant.
Although, as joint tenants, you and your estranged husband both have joint and several liability for paying the rent it only takes one of you to terminate the tenancy. I know the LL is going down the eviction process but I was wondering if you could help expedite this by writing to the LL to terminate the tenancy agreement.0 -
breaking_free wrote: »Upon further reading of subtenant vs lodger (I looked up the Shelter website) the new flatmate is definitely a subtenant as they have exclusive access to their own room.
It doesn't change anything re. the questions you asked.Although, as joint tenants, you and your estranged husband both have joint and several liability for paying the rent it only takes one of you to terminate the tenancy.
No. This is a fixed term tenancy.0 -
jjlandlord wrote: »One of the joint-tenants has asked for permission to sublet (which I'm guessing is as per contract), and the landlord agreed.
No, the contract expressly prohibits subletting, but the landlord has given permission anyway. I did not give permission for a new person to take up residence in what is still my apartment.
My husband lives there. I don't live there. I've still been paying rent up to the point where the new flatmate moved in."The problem with Internet quotes is that you can't always depend on their accuracy" - Abraham Lincoln, 18640 -
breaking_free wrote: »No, the contract expressly prohibits subletting, but the landlord has given permission anyway. I did not give permission for a new person to take up residence in what is still my apartment.
My husband lives there. I don't live there. I've still been paying rent up to the point where the new flatmate moved in.
I don't know if that necessarily matters though as it's a joint tenancy, the same way that either you or your husband can end the tenancy without consulting the other one.
The LL hasn't broken the contract, your husband approached the LL with a contract variation and the LL agreed to it.0
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