What type of contract do I have?

Valandil3

So it's a familiar story. I've got a new job but have a few months left on my tenancy agreement. But I'm not sure what my rights are as I'm not sure what type of contract I have, and different places using different terminology is confusing me as well.

So I rent a studio flat below her main house. That I live in the studio flat is specified in the contract. It also says I'm allowed to use the garden. Another part says she has to give 24 hours notice to show people around (near the end of the contract), and in practise she always asks me before coming in. So this gives me exclusive use of the room (and ensuite), right?

We do share a sort of utility room area. She uses the airing cupboard, washing machine and tumble dryer. It's my kitchen area, and I also use the machines. Her house upstairs is through a locked door and I have no access to her house. So it is only the small area that we share.

So I am unsure if I am a tenant or a lodger. If I was a tenant I believe I could assign my remaining contract to someone else, regardless of the agreement saying I can't because the office of fair trading say it's unfair (Chapter 4 group 18(d), oft356 (google it, I can't post links!) )

It's incredibly annoying she is being so nitpicky about it. She has no agent fees to pay so won't lose out if we can find someone else, but said she won't even start looking until a few weeks after I move out. Just no need to be so unreasonable, especially as I offered to do the leg work myself!

Any help appreciated!

Valandil3

Oh if you go to oyezstore and search for agree6, that's the contract she used. One of the things it says about the contract is:

" If the tenant is granted exclusive use of at least one specified room the letting will be a tenancy. This would mean that the landlord could not enter the room without prior permission. However if the tenant agrees to unrestricted access to their room, such as the provision of cleaning services, or has to share his or her room, then dependent on the circumstance the letting would probably be a licence to occupy. "

G_M

I suspect you are a tenant with exclusive occupation, but there is some ambiguity.

However that is irrelevant. It seems from what you said that you have signed a contract:

have a few months left on my (tenancy) agreement.

Whether it is a tenancy or a licence, it is still a contract agreement. If you breach the contract you can be sued.

She has no agent fees to pay so won't lose out if we can find someone else, but said she won't even start looking until a few weeks after I move out.

Whether she uses an agent or not is neither here nor there.

It's also quite normal for some landlords to want to find their own tenant/lodger/ whatever.

And also quite normal for some landlords to have a gap between contracts to allow for redecoration /maintenance etc.

But if the changes between occupants are more frequent than expected (eg 3 times a year instead of twice) then there is increased loss of income and increased costs.

Valandil3

But if I'm a tenant, I'm allowed to assign my contract aren't I? That's what I'm getting at. I can't post links but from what I've read the clause that says I can't assign or sublet is invalid as it is deemed unfair in oft356 Chapter 4 group 18(d), and she can't unreasonably refuse to let me assign it. Read this on the shelter website:

"Landlord's permission for assignment
If you need your landlord's permission for an assignment to take place, your landlord cannot withhold permission unreasonably.

Landlords can refuse to give permission if, for example:

there are rent arrears
the landlord has started eviction proceedings against the tenant
the property has been adapted for a person with disabilities and there would no longer be a person with those disabilities living there"

And nothing like that applies, it's all very normal if you get what I mean

agrinnall

You really haven't explained what the issue is and the circumstances leading to it, so I'll take a shot and you can correct anything that's wrong.

You have a new job and need to move from your current residence
You have several months left on your contract and no break clause
You have asked your LL if you can leave early and find a replacement tenant, but the LL has declined that offer.
You now wish to assign your contract to someone else even though the contract says that is not permitted.

I don't know anything about assigning a contract but it sounds very dubious to me, that means the LL would have no control over who was occupying the property. Perhaps it is correct, but I wonder if you have misunderstood it.

theartfullodger

You almost certainly have a common law tenancy, not an AST. See what you get here...
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Call Shelter 0808 800 4444 if you have more questions.

I doubt you will be able to enforce assignment - I'd not even bother trying.

Valandil3

Yes sorry for leaving out some info. Yes I've got 3 months left, when I'm moving out it would be just over 2 months left. No break clause. Yes I asked her about ending the contract early and she has said if she can get someone in she will reimburse me. But she won't start looking until I leave as I've rearranged the room (as if that is a reasonable reason not to show someone around, this annoys me the most I think. Feels like she is discriminating against me as I own my own desk) and not for a few weeks after I leave for a reason she hasn't really explained. And there is obviously no incentive for her to find someone so I suspect I will end up paying the whole thing.

Yes I thought it was probably common law tenancy but wanted to check. If it makes any difference, her section is actually under a different alarm system, so whether that makes it count as a completely separate home I'm not sure.

I get that a contract is a contract, and I have no problem paying for it if someone can't be found (and a reasonable effort is put into finding someone) but from a human point of view she's just being selfish and it's incredibly frustrating. I've lived there for two years, and have quite a lot of times helped her with stuff when I didn't have to, like phones, laptops etc and never complained. I've barely ever stayed there at the weekends, giving her a bit more freedom of her home. I've never complained when somethings broken, I didn't have a kitchen floor for about 2 months, couldn't use the kitchen at all for a week, boiler broken, radiator was broken for months, hob has been broken for a few months, no washing machine for a couple of weeks, something kept leaking over the kitchen floor, bathroom sink is perennially blocked despite my best efforts, toilet seat is broken. And I've never complained or asked for rent back or anything. I've cut her enough slack, you'd think she would be willing to do the same. It's only moving the process for her back 2 months, not as if it's life changing.

These contracts are not compatible with the facts of modern life, that people's lives are not static and people get new jobs and move all the time. Seems to me like they should have to have break clauses in them, I wouldn't mind paying a reasonable penalty to cover her costs/inconvenience. Not having them seems unfair to me.

And yes, I know none of the this is relevant but I felt like ranting.

mrginge

You cannot just assign the tenancy to anyone else so forget that idea.

Valandil3

Your reason being? If you read the references I have posted, you can, if you have an assured tenancy

mrginge

Valandil3 wrote: »

Your reason being? If you read the references I have posted, you can, if you have an assured tenancy

It does not say you can.

The document is guidance. Not law.

The matter is subjective based on what is reasonable.

Please find some actual case law where a tenant was permitted to assign a tenancy after the LL had unreasonably withheld consent. We can then discuss it further in relation to your position.
Alternatively, find a replacement, seek the LLs permission, if you believe they unreasonably withhold permission then simply inform the LL of this, move out and pay no more rent.

Your defence may possibly then be tested in court.

Guest101

How long have you lived there? I suspect you do not have an assured tenancy at all.