Cheeky replacement tenant!

obviousftb

Hi,
I am currently on a rolling contract at my 2 bed apartment which i share with my flatmate. I've handed my notice in already on the 20th of July so I would've fulfilled my 1 month notice requirement for the letting agents. 3 weeks ago I put up an ad on sparerooms to find a replacement for myself.On the advert i made it very clear that the new tenant must start their tenancy on the 20th of August. The new lady who is taking over was also reminded via text msg conversations that the tenancy starts on the 20th and ends on the 19th of each month. She was all ok with this replying 'ok great''.
Now I have just received an email from the letting agents to say that she is not starting her tenancy until the end of the month so we will need to work out how to pay for this 8 day discrepancy in rent. :mad:
What are my options here? I really don't want to be paying for this extra 8 days when she said she is ok to take over on the 20th. I'm supposed to get my keys to my new house (FTB) on Friday and I was so excited until this i can't really afford to be paying for 9 days of an expensive rent and also my mortgage at the same time....
what are my options? Please can anyone give me some advice?
many thanks

HappyMJ

I have absolutely no idea why you are advertising for a tenant for the property. You and your flatmate should move out on the 19th August and leave it up to the landlord to find new tenants. Your tenancy finishes on the 19th August and that's the end of your liability.

I'd say to the LA find your own tenants we're leaving.

libf

You gave notice, it's not your problem.

dgtazzman

Yeah, has me baffled too, you are on rolling tenancy, have given your month's notice, why are you arranging a replacement tenant, that's for the LA/LL. Fair enough if you did them a favor, but you would in no way be liable for the 8 days the property is empty if the new tenant isn't moving in till the start of September, that's a problem for the LA/LL to deal with...

obviousftb

Sorry i should have clarified. My flatmate is staying in the flat, hence the reason that i had to find a replacement. I'm sorry does this mean that I am not legally obligated to pay? Is my flatmate responsible at all?

many thanks

HappyMJ

obviousftb wrote: »

Sorry i should have clarified. My flatmate is staying in the flat, hence the reason that i had to find a replacement. I'm sorry does this mean that I am not legally obligated to pay? Is my flatmate responsible at all?

many thanks

Depending on your tenancy.

If you have a tenancy just for the room and use of the shared facilities then you've handed in your notice and that's it move out on or before the 19th August and you have no more to pay.

If you have a joint tenancy you've terminated it for the both of you and you both have to leave on the 19th August. If you have a joint tenancy and your flatmate stays then you'll have a problem.

obviousftb

its a joint tenancy as far as i know, i guess that i why i was told i had to find a replacement. Do i not have anything to go back on? I have text messages and the ad to prove that it was agreed that the replacement tenant was to start their tenancy on the 20th of august.

Pixie5740

She's not really a replacement tenant though. Your notice ended the joint tenancy for both of you. There will be a brand new joint tenancy agreement between this new person and your current flat mate. If your flat mate does not leave 20th August then it could be argued that your joint tenancy still exists.

HappyMJ

obviousftb wrote: »

its a joint tenancy as far as i know, i guess that i why i was told i had to find a replacement. Do i not have anything to go back on? I have text messages and the ad to prove that it was agreed that the replacement tenant was to start their tenancy on the 20th of august.

"As far as I know?" Get the tenancy agreement out. You and your flatmate will have to leave on the 19th August.

Your flatmate can sign a new tenancy agreement starting on the 20th August with the LL and can move back in straight away.

You have no need to find a replacement flatmate to replace you and no liability to pay rent on or after the 20th August but your flatmate got to leave too.

If your flatmate does not leave with you then you could find yourself liable to the rent. Rent can be charged at double the normal rent if you or your flatmate remain in occupation after the date you said you would leave.

As the tenancy is finishing on the 19th August the deposit will be returned to you as long as you haven't damaged the property.

G_M

You need to understand, and clarify for us, your legal position:

* you have a joint tenancy with your flatmate, yes?
* it had a fixed term which has now expired, so the tenancy is now 'rolling' (periodic), yes?
* OR it never had a fixed term but was always rolling??? If so, what does the contract say about notice?
* your tenancy periods are 20th to 19th?
* you served notice to end the (joint) tenancy on 20th July, to end the tenancy on 19th August
* so on 19th August you must both leave (unless your flatmate agrees a new tenancy with the landlord, either in his/her own sole name or jointly with someone new)
* If you do NOT both leave on 19th when the tenancy is due to end, you may both be liable for double rent (Distress For Rent Act 1747 S18 )

Did you pay a deposit? What is going to happen to it? PLEASE don't tell us the 'replacement' tenant is paying it to you....??! When the tenancy ends on 19th, the LL should remove it from the deposit scheme where it should be registered and return it to you (the FULL deposit to both of you - there are no 'shares'; no 'my share' and 'his share' - it is a single deposit for the tenancy)