Letting agents not getting back to me after I left tenancy early

Pixie5740

You can request the landlord's name and address under Section 1 of the Landlord and Tenant Act 1985 and the letting agent must supply it within 21 days. The act doesn't say anything about a phone number but if the landlord doesn't want to deal with you direct it might be a bit pointless.

Pixie5740

Kaotic100 wrote: »

This was a joint tenancy. So I was sharing with 5 other students

Thanks for your reply

What about the other tenants? Do they have any say in this? Are there guarantors involved? The 6 of you each have joint and several liability for the whole contract. Any new person who comes in will have that same joint and several liability.

Instead of getting a new tenant have you considered looking for a lodger instead. The new person would be the remaining tenants' lodger not yours and the lodger's rent could cover your "share" of the rent. No change to the tenancy agreement would be required.

Kaotic100

There are guarantors involved. What does it mean that 6 of us have a joint liability? We need to split the cost of my rent?

Also, I have no idea how a lodger could apply to this situation. I thought a lodger is a landlord that lives in the house his renting out to, I’m not sure how that works in this situation? Or are you talking about me subletting to someone else?

saajan_12

Kaotic100 wrote: »

There are guarantors involved. What does it mean that 6 of us have a joint liability? We need to split the cost of my rent?

If all 6 of you are on a joint tenancy then you EACH have joint & several liability for the total rent. So, the landlord could chase ANY of you for the full amount of the rent. Legally speaking, there are no 'shares'. If you move out or stop paying rent, the tenancy still continues and the landlord could chase you or your housemates or any of the guarantors for any unpaid rent, regardless of who's "share" it was. Do you want to put your housemates in that position?

Kaotic100 wrote: »

Also, I have no idea how a lodger could apply to this situation. I thought a lodger is a landlord that lives in the house his renting out to, I’m not sure how that works in this situation? Or are you talking about me subletting to someone else?

In a way, yes. Your housemates could be live in landlords and take in a lodger who uses your room. The lodger pays rent to your housemates, who use that plus their 'shares' to pay the property owner (top landlord) the full rent. The housemates will likely have no tax to pay on the rent they receive under the rent a room scheme unless the lodger pays more than 7.5k a year. You would still be legally liable for the rent and damages just as much as the housemates but if all goes well, the rent is paid and no hassle with the landlord.

Its probably what you think of as subletting, but the new person would only be renting a room + common areas, not the whole let. Also, for tax and to avoid complicated tenancy responsibilities, its better if your housemates act as the live in landlord(s) rather than you being a live out landlord.

Pixie5740

Kaotic100 wrote: »

There are guarantors involved. What does it mean that 6 of us have a joint liability? We need to split the cost of my rent?

Also, I have no idea how a lodger could apply to this situation. I thought a lodger is a landlord that lives in the house his renting out to, I’m not sure how that works in this situation? Or are you talking about me subletting to someone else?

You are joint tenants, there is one single contract to which you are all bound. You now want to change the contract by having it varied so that you are no longer party to it. If I was one of the joint tenants who shall remain then I would want some say in this and I'm sure my guarantor would be interested too since it's highly likely each guarantor is guaranteeing the whole tenancy.

A lodger is not a landlord. A lodger aka an excluded occupier lives with a resident landlord. The remaining tenants could get a lodger to rent your room. They would be the lodger's landlord. That is not subletting.

Pixie5740

https://www.citizensadvice.org.uk/housing/renting-a-home/student-housing/students-in-private-rented-accommodation/student-housing-sharing-accommodation/

Kaotic100

Thank you very much for your reply! I see what you’re getting at.

Only issue is there is a part of a contract that states exactly this under the Use of Property headline:

“Not to assign or sublet, part with possession of the Property, or let any other person live at the property. The tenant may assign or sublet with the Landlord’s express consent which will not be unreasonably withheld. Such consent, as a variation of the tenancy Agreement to be agreed in writing.”

Does this mean I need the landlord’s consent to lodge? Furthermore, if the landlord didn’t want to give me his number, I find it difficult to believe that the landlord will reply to any letters that I send to him, thus resulting in me having to do everything through the agency which is currently unbearable.

Again thank you for helping me out