Please help me, I'm desperate

Hattie_s24

Hi, I'm a student who signed a joint tenancy agreement with another girl nearly 3 months ago now. The agreement is an AST with a break at 6 months and I'm desperate to move out.

I'll give you some background, I signed with a girl I'd never met before as I had to find a property quickly as I was starting a new course, but things have not worked out between us and I am suffering with depression and anxiety as diagnosed by a doctor as a result of the situation becoming very hostile and intimidating to me.

I am aware that as its a joint tenancy and the place is not rented by room, I cannot choose to break the contract unless she agrees, which she is not willing to do.

I consequently offered to find a replacement tenant, but she said she'll refuse any potential tenant I find because she doesn't want to live with anyone else. Can she do this even if the tenants I find a reasonable (same age, sex, student etc)?

There are also several issues with the contract I originally signed. The property is an all electric flat that was marketed as having the primary source of heating as underfloor heating. This is stated on the EPC document that I had to sign. On moving in, we found that the underfloor heating was disconnected years ago as it is faulty, and the landlord stated he was not prepared to repair it as it was not cost effective for him. That left us with no heating at all in the property (not great when you're moving in in the middle of winter) and we subsequently had to buy some portable convection heaters to try and keep our rooms warm.
Do I have any legal grounds on the basis the property was mis-sold to me as the primary source of heating listed at the time of sale was not working and hasn't been I believe since before the most recent EPC (June 2011).
As the Housing Act (1988) says the landlord is obligated to repair and keep in good working order installations in the premises for space heating and water and he has refused to repair the source of heating listed on the EPC as the primary source, is there any grounds for termination of my part of the contract?

Another issue is, I believe the landlord has broken clause 4.3 of my tenancy agreement, which states the landlord is responsible for ensuring the premises are water tight on the commencement date, and that all installations, systems and appliances are in clean and working order. On moving in to the property, the toilet was broken and the flat was filthy (I have timed and dated photographic evidence of this) and covered in mould. I was promised prior to signing the tenancy agreement by the letting agent that the mould problem would be remedied before the tenancy commenced, and this was not the case. The mould issue still has not been resolved 2 and a half months on.

Any legal advice anyone can give me is very appreciated. I am unfortunately a poor student living off very little and cannot afford any legal aid, and I'm desperate to move out of the property to try and better my mental health.

Thank you for taking the time to read.

pathtofreedom

It sucks when uni renting goes bad, I feel your pain.

1 go to your student union and see if they have a housing office who can help give you advice.

2. phone shelter, they might be able to advice about the heating part. http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/responsibility_for_repairs/repairs_in_rented_homes_-_whos_responsible_for_what

3. when I had to move before the contract ended, I talked to the landlord about it, so I did find someone to replace me, and they were ok with that even if the person I lived with wasn't. So even if she doesn't like it, your landlord might be ok with it as long as they are getting their money.

So I think you need to pick your battles, the bad housemate situation is probably your biggest one. If you can get the landlord to agree to release you if you can find someone else, on the understanding the other tenant is being annoying about it I think that is your best way out.

If you are looking to get out as your main aim then hold off on complaining more about the mould / heating, as the landlord might be less likely to help you if you're going complaining about lots of things too. If he won't help you get out of it though, then do number 1 and 2 to try and make the place better. Then just try and keep out of her way, hang out with friends and at the library as much as you can. There isn't that many weeks till the summer, I know it can feel like forever when you're in a bad situation with house mates but 3 more months isn't forever.

Pixie5740

That does sound like a pretty miserable living situation.

Not only can the other joint tenant refuse to have someone else move in, the landlord could also refuse to assign the tenancy to someone else. You could try and slog it out until you can invoke the break clause but if the other joint tenant doesn't move out then the tenancy won't end. Realistically who is going to want to move into a property with no heating and a mould problem?

How have you communicated with your landlord about the lack of heating? In writing? Yes you have some convection heaters with you purchased yourself but it's really not acceptable for your landlord to refuse to provide a source of heating because he think it's not cost effective for him to fix it. You can contact the council's environmental health department about the lack of heating and the mould which won't be helped by the lack of heating. This route might be your best shot at getting out of this tenancy but it won't be instant.

http://m.england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Do go and see the student union as they usually have a housing officer who can offer you help and advice.

moneyistooshorttomention

My first thought was the Student Union too.

I would second the advice above.

My only concern is that it is reading to me as this housemate wants to live in a place on her own - but not pay a rent level in accordance with that fact. She sounds like she wants to have her cake and eat it. I'm getting the feeling she is deliberately harassing you to make you move out and keep paying the rent regardless and that way she could have the whole flat for half price and that would suit her nicely by the sound of it.

Chances are that, if you find a replacement tenant, she would proceed to make their life a misery too and I am wondering what could be done to ensure she doesn't put anyone else through that. A hefty large build forceful man might be less bothered about how awful the flat is and deal with her better if she "tries it on" with him...so I guess someone like that would be the best type of replacement.

Hattie_s24

Okay I should have made it clear, I'm a phd student and my contract is signed until January, so I have a long time left if I can't move out.

I'm prepared to go to court over this, so legal advise is preferred rather than opinions on what I should do.

The landlord has agreed to accept a new tenant, on the basis my flatmate finds her 'suitable' but due to her immaturity, she has decided to refuse everyone I offer to make my life hell.

AnotherJoe

I'm prepared to go to court over this, so legal advise is preferred rather than opinions on what I should do.

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If you want legal advice see a solicitor.

Pixie5740

You will not receive legal advice, even from someone who is a solicitor, on a public form, only opinions.

If you want legal advice go and see a solicitor. If you can't afford a solicitor then Shelter or the Student Union are your best options for legal advice.

HappyMJ

Hattie_s24 wrote: »

Okay I should have made it clear, I'm a phd student and my contract is signed until January, so I have a long time left if I can't move out.

I'm prepared to go to court over this, so legal advise is preferred rather than opinions on what I should do.

The landlord has agreed to accept a new tenant, on the basis my flatmate finds her 'suitable' but due to her immaturity, she has decided to refuse everyone I offer to make my life hell.

If you want official legal advice you're going to have to pay a solicitor. You don't need to do that though.

You can just move out. There's no need to stay if your life is "hell".

If you stop paying rent the landlord will either chase whoever is the easiest who would be the other joint tenant or the landlord will evict you for rent arrears which is exactly what you want anyway. The other joint tenant could if they wanted to take you to court for the rent arrears at which point you can defend yourself.

If I were you I'd just leave and not provide a forwarding address to the joint tenant who is making your life hell.

I would officially break the tenancy agreement with the landlord at the 6 month point which will end the tenancy for both of you. You do not need the other joint tenants permission to end the tenancy agreement.

bouicca21

If you are at the beginning of a PhD then another option is to plan your research/literature survey so that you spend minimal time at the flat.

moneyistooshorttomention

In what ways is she making your life hell? Maybe we can come up with some solutions if we know what tactics she is using?

always_sunny

so you're a PhD student, you sign a contract binding you to some T&C with someone else and you just want to make it go away! Oh dear.
Take it as a life lesson!

Does the AST state in what portion each signatories should pay? If not, you assume it's 50/50 but if you just move out and contribute £1 she will need to either foot the full rent or agree within reason to find someone else helping her with the rent. Maybe that's what I would do.