Please help me, I'm desperate

FBaby

So ultimately, you want to move out. Have you discussed/negotiated how you could do that with your landlord? They might be very happy with you looking for someone else bare some potential costs. They might however say that your flatmate needs to agree, but maybe not, so certainly worth a try.

As to the issues with heating/mould etc... if you think threatening them to take to court over it unless they allow you to get out of the clause...good luck with that one. If you are so bothered with the mould, why did you even moved in in the first place. It's not like an issue that can be resolved in a just a couple of weeks. You need to separate the two issues. If you want to stay, then write (not email/text etc...) to your landlord and say that you expect something to be done about this. Ultimately though, this can lead to many months going back and forth arguing what responsibility they have with the ultimate outcome being that if you are not happy, you should move. By then, you'll have reached the 6 months break clause and will be able to do so without being accountable to flatmate nor landlord.

MoneyEM

I was in a pretty similar situation in my final year at uni. All my friends I had been living with had gone on placement years so I found 4 others to move in with me.

They made my life hell and things became very hostile. I had spoke to the landlord who didn't help my situation at all... Calling me "homesick" despite living away from home for 3 years. She also refused to acknowledge my bedroom was damp and mouldy which left me with serious breathing problems and mould sensitivity.

I had tried and failed to find a suitable replacement so I told the others that as it was a joint tenancy, they were now responsible for finding a replacement or covering the whole amount. I didn't pay the last month and let the landlord take my deposit.

She said she was going to take it further but I think the legal costs would have been too high. I think the tenants left there did actually get someone else in eventually anyway.

Funny thing was the guy who was a nightmare and made me leave (Jan) was then later evicted in June due to his troublesome behaviour!

Hattie_s24

Thanks for all your responses everyone.

I am not able to use the break clause at 6 months as my flatmate also has to agree to that as it a joint tenancy, or believe me I would be taking that option.

I agreed to take on the property in November 2015, on the basis the mould problem would be sorted out by the move in date in January 2016 as promised by the letting agent who sold it to me. After signing the tenancy agreement and walking to the flat with the keys, I discovered nothing had been done about the mould problem. We believed the mould problem was more a case of the previous tenants not ventilating and using the advertised underfloor heating, but it was actually because they had no heating.

As I previously stated, the landlord has agreed to a replacement tenant on the basis the other flatmate accepts them.

I phoned shelter earlier and had a lengthy conversation. They advised me I might be able to get somewhere by threatening the landlord with legal action about the lack of heating, but it is not that likely the response would be in my favour. They also suggested just moving out and stopping rent, in the hope that he would seek an eviction notice. However, surely the fact I have done this will and been forcibly evicted for not paying rent will affect my credit rating so that's not a good idea?

The AST does not state in what portion each signatories should pay, but I imagine if I only pay £1 or something ridiculous, he'd just chase me for the remainder, and I'd end up with the same legal battle of an eviction noticed and a damaged credit rating.

The other tenant is making legal threats (with no grounds as I haven't actually done anything wrong yet), refusing to pay bills until I end up getting warning letters (all the bills are in my name and I can't afford to pay for her share upfront), being generally rude and nasty, and not contributing to tidying or cleaning the flat. I know its petty, but she's also bad mouthing me to other colleagues at my university.

Hattie_s24

The landlord seems to be pretty clueless about the flat. I believe he actually resides in Dubai, has made no effort to come and meet us or provide an inventory since we moved in, he even wasn't aware the was a 6 month break clause, he thought the property has storage heaters (it doesn't and hasn't for years) and has made all sorts of threats about extra costs and things.

I suppose I'm between a rock and a hard place at the moment, as the other tenant has all the control.

kazwookie

Have you sent the land lord photos of the mould and the state of the rooms.

Why are the bills in your name only

Hattie_s24

The bills are in my name earlier because she wasn't keen on setting up any accounts, and the utility companies we're with won't take more than 1 name on the bills, so they're in mine.

I sent the landlord a formal letter of complaint with photos 2 days after we moved in.

When_the_going_gets_tough

Others will correct me but I think one joint tenant can end the tenancy for both tenants. Also once you move out you can inform the utility companies that you have left and end your liability. I think I would be tempted just to leave.

Hattie_s24

I've been advised by Shelter and the letting agent, that in the case of an AST where the clause states it we're jointly and severally responsible for paying the rent, I can't terminate my part of the contract, as I don't have a part. Its one contract and both parties (or all parties, if there are more than 2 tenants) have to agree to terminate the contract at the break clause.

HappyMJ

Hattie_s24 wrote: »

Thanks for all your responses everyone.

I am not able to use the break clause at 6 months as my flatmate also has to agree to that as it a joint tenancy, or believe me I would be taking that option.

I agreed to take on the property in November 2015, on the basis the mould problem would be sorted out by the move in date in January 2016 as promised by the letting agent who sold it to me. After signing the tenancy agreement and walking to the flat with the keys, I discovered nothing had been done about the mould problem. We believed the mould problem was more a case of the previous tenants not ventilating and using the advertised underfloor heating, but it was actually because they had no heating.

As I previously stated, the landlord has agreed to a replacement tenant on the basis the other flatmate accepts them.

I phoned shelter earlier and had a lengthy conversation. They advised me I might be able to get somewhere by threatening the landlord with legal action about the lack of heating, but it is not that likely the response would be in my favour. They also suggested just moving out and stopping rent, in the hope that he would seek an eviction notice. However, surely the fact I have done this will and been forcibly evicted for not paying rent will affect my credit rating so that's not a good idea?

The AST does not state in what portion each signatories should pay, but I imagine if I only pay £1 or something ridiculous, he'd just chase me for the remainder, and I'd end up with the same legal battle of an eviction noticed and a damaged credit rating.

The other tenant is making legal threats (with no grounds as I haven't actually done anything wrong yet), refusing to pay bills until I end up getting warning letters (all the bills are in my name and I can't afford to pay for her share upfront), being generally rude and nasty, and not contributing to tidying or cleaning the flat. I know its petty, but she's also bad mouthing me to other colleagues at my university.

I would take Shelter's advice by moving out and stop paying the rent. The letting agent/landlord will once you are 2 months in arrears issue you with a Section 8 notice seeking possession. You would then immediately return possession of the property to the landlord and your tenancy ends. You would then make an arrangement to pay the rent payment that you missed before the landlord goes to court and your credit rating is not affected. If the landlord is in Dubai that action is unlikely so I'd just go.

Either party can end a joint tenancy once the fixed term has expired and it ends for all.

G_M

OK let me correct some inaccuraices:

* None of the defects/repairing issues etc would warrent claiming "repudiatory breach of contract" sufficient to end the tenancy.

* the breaches/ problems you list, should all be dealt with, but I'm araid do not offer you an escape route.

* the landlord also cannot force the girl to take another joint tenant. She has a valid contract which she is legally entitled to rely on.

* during the fixed term of a tenancy (as here) all joint tenants must agree to implement a Break Clause. So I'm sorry, if she does not agree, you cannot invoke it.

* however depending on the wording of the Break Clause, the landlord may be able to invoke it - what exactly does it say?

* if the LL invoked the BC by serving notice, that would end the tenancy. This would affect both joint tenants. However, if the girl still did not leave, the LL would have to apply to court for possession, relying on a S21 Notice (which if sensible he would have served at the same time as the BC notice.)

* the LL would then need to find new tenants (or give the girl a new tenancy in her sole name, or in joint names with one other).

* so to achieve the above, you'd need the LL's considerable assistance....

* as suggested, the only other way to end the tenancy is via a S8 notice for rent arrears. If you stopped paying rent (and moved out?) the LL could chase either or both of you for the arrears, and/or evict via a S8.