deposit when leaving early

McCloud94

I'll be renting a flat after the Christmas holidays. It's my first time renting, so I pretty new to this.

My main issue is, that I am student and only need to rent until the end of May - 4 months. The minimum contract length is 6 months.

I understand there is a chance to leave early in case we come to an agreement with the LL. The property is rented and managed by an agency however. In this case, is is there a way to contact the landlord personally? Or does all the communication have to go via the LA.

The deposit should be returned to us after the 6 months period. What would happen in case I will leave early and won't be physically in the flat when the contract ends? If we somehow agree with the LA/LL to leave early, will that affect the time by which the deposit is returned to us?

I will be renting the flat with another student. Should I take any precautions to protect myself and make sure everything works as agreed?
Of course, I am not expecting anything like this to happen, but what if, let's say, he would not be willing to pay anymore?

I guess if we both sign a separate contract, I will only be responsible for my part? This way I don't have to be worried about any unexpected behavior from his side?

Thanks a lot for advice

DT12

If you enter a 6 month fixed term tenancy agreement you will be liable to pay for the full 6 months.

Deposits are completely separate. The only way the deposit become relevant is if you are in arrears.

If you enter a joint tenancy with someone else, you will both be responsible for paying the rent, so if he doesn't pay you will be jointly liable.

Pixie5740

Yes, you should be able to contact the LL directly but if you only want to rent a place for 4 months, and don't want a joint tenancy with someone else, then maybe you should consider becoming a lodger instead. That will give you more flexibility and means that you won't have joint and several liability for rent.


Entering into a joint tenancy for 6 months when you only need somewhere for 4 months is going to end up being expensive.

Voyager2002

In practice, you will have to pay rent for the full six months.

G_M

McCloud94 wrote: »

My main issue is, that I am student and only need to rent until the end of May - 4 months. The minimum contract length is 6 months.
A tenancy can be for any length the landlord and tenant agree. But most LLs are unwilling to offer tenancies less than 6 months.

I understand there is a chance to leave early in case we come to an agreement with the LL.
The LL may only agree if you pay compensation of some sort - to be agreed

The property is rented and managed by an agency however. In this case, is is there a way to contact the landlord personally?
See the Landlord & Tenant Act 1985 S1. below.

Or does all the communication have to go via the LA.
No. But some LLs refuse to communicate direct and that's why they employ an agent.

The deposit should be returned to us after the 6 months period. unless you owe rent or damage
What would happen in case I will leave early and won't be physically in the flat when the contract ends?
When you physically leave makes o difference. What matters is when the tenancy ends - rent is payable till then (unless otherwise agreed)

If we somehow agree with the LA/LL to leave early, will that affect the time by which the deposit is returned to us?
Yes. The deposit (less any deductions) will be retuned when the tenancy ends. If an 'Early Surrender' of the tenancy is agreed, the deposit will be returned early.

I will be renting the flat with another student. Should I take any precautions to protect myself and make sure everything works as agreed?
Yes. Avoid joint bank accounts - your credit record will be affected by his if you are financially linked

But do have clear agreement about how shared bills will be paid (gas, electric, shared food/cleaning stuff etc). Ideally have regular 'meetings' (once a month?) to see who has paid what and balance the books.

Of course, I am not expecting anything like this to happen, but what if, let's say, he would not be willing to pay anymore?
If the tenancy agreement is "joint and several" then you are each responsible for all the rent. You can be made to pay his 'share'.

I guess if we both sign a separate contract, I will only be responsible for my part?
Yes
This way I don't have to be worried about any unexpected behavior from his side?
Yes

Thanks a lot for advice

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Landlord & Tenant Act 1985

McCloud94

oh, thanks for all the great info. Really appreciate it.

So regarding the joint accounts, is it possible to pay the rent in 1/2 amounts separately? Let's say it's 500 pcm. I send a payment of 250 from my account and my roommate sends 250 from his account.

Pixie5740

The LL doesn't care how they get the £500 as long as they get £500 every month for the duration of the tenancy which in your case will be for at least 6 months.

dancingfairy

Do you mean having an account with both your names on it? If so this is a really, really bad idea. You will be linked with his credit file (and him with yours). I think you'd have to file a notice of disatisfaction and with things staying on your credit file for 6 years this is a really bad idea. If he has had issues then he could wreck your credit rating (And if it's a joint account he could take the money/run up an overdraft etc which would also affect your credit rating).
I believe the normal approach is for people to each have a bill in their name so one person has the gas bill in their name and the other the electric bill etc. You can set up a standing order to the other person account for the money or if the accounts will work out the same you can each pay your accounts (this will only work if they are pretty much even). You can even set up a 'kitty' in cash where you each put money in and then when a bill is due the cash comes from the kitty (but the bill would still have to be in one person's name).
In terms of the 6 month contract, you can ask the landlord to consider a shorter contract or you can sign up and see how things go. He/She may be happy to let you leave early but may well set conditions (ie you pay for advertising or you find someonelse etc). If you sign a legally binding contract then it is up to the landlords good nature to release you early (or not).
df

McCloud94

ye, that's seems like a good idea.

I have found another flat which is under 'Occupancy agreement'.
I've never heard of this before, but after reading through, it seems very reasonable. It's much more flexible, renting on a weekly/monthly basis. Exactly what I need.

G_M

McCloud94 wrote: »

ye, that's seems like a good idea.

I have found another flat which is under 'Occupancy agreement'.
.

Does the landlord live in the property?

If not, this sounds like a dodgy (and legally useless) attempt to avoid granting a tenancy.

Which makes one wonder about a whole lot of other aspects of the contract and the LL.

McCloud94

I am not sure... I will have more details tomorrow.
The only problem I see is that the LL would be able to kick us out after a month.. but I don't see any reason why he would do it.
Or is there something else in this type of contract that I need to be aware of?