Deed of Assignment - Joint and Several contract

MiraNova

My daughter and her boyfriend rented a room in a shared house (6 bedrooms) just over a year ago, and signed Deeds of Assignments to take over the room from the previous tenants. This appears to have happened on multiple occasions since the original contract was set up in 2015 and none of the original 6 tenants were in the house when they moved in.

The tenants decided to end the contract in September as a number of them wanted to move out, my daughter and her boyfriend included, and notice was given to the Landlord. However their new place fell through, and so when they saw the rooms in this house being individually advertised on spareroom they asked if they could rent one on a room only basis for a few months while they found something else. This the Landlord agreed to, and on the day the joint contract ended, they moved out of one room into a different one, and changed from paying the lead tenant the rent, to paying the landlord directly for the room only.

The landlord then asked them to sign a new joint and several contract, along with some other people who had moved into the other rooms. The other people signed, but my daughter and her boyfriend didn't because they had discovered that there was an HMO licence for 6 people, but there had been 8 people for most of the year, and would be again when all the rooms were rented. In addition they had asked the landlord for a number of repairs which hadn't happened (eg only one working shower and basin between 8 people). There were also some odd clauses in the contract like requiring bedlinen and curtains to be ironed regularly(!), plus a requirement whenever you left to find someone to take over your room.

Since then the Landlord has been telling them they have to leave, and that he won't repay the deposits from the Joint and Several contract until they do. My daughter and her boyfriend have said that they moved out, and back in again into a new room, which they believe means that they are now on a new default AST and that the old Joint and Several contract ended.

There is a new joint and several contract signed by the other new tenants, dated the day after the other contract ended.

He's now telling them that if they don't leave, they'll be liable for the rent for the 2 empty rooms, which he can't fill as it would put the numbers back up 8, and he knows the council are investigating the HMO breaches.

They never got any of the prescribed information, re deposit protection, EPC, gas certificate etc, because the Landlord claimed to have provided that to the original and/or lead tenant.

Neither my daughter or her boyfriend were named on the Deposit certificate, although he has now updated it to just add my daughter and is trying to claim that her boyfriend was not a legitimate tenant (but they have email evidence to/from the landlord proving that he was).

Are they right in thinking that the original Joint and Several contract has ended, or is there a risk that he can force them to pay for empty rooms under the earlier contract? He's already issued one Section 21, which they told him was invalid, and he's now withdrawn it, and says he's going to issue another one, based on the previous contract.

G_M

MiraNova wrote: »

My daughter and her boyfriend rented a room in a shared house (6 bedrooms) just over a year ago, and signed Deeds of Assignments to take over the room from the previous tenants. This appears to have happened on multiple occasions since the original contract was set up in 2015 and none of the original 6 tenants were in the house when they moved in.
To be clear, this agreement was a sigle agreement with all (6? 12?) peope named on the same conract yes?

The tenants decided to end the contract in September as a number of them wanted to move out, my daughter and her boyfriend included, and notice was given to the Landlord.
Presumably the fixed term (if any) had ended and the tenancy become periodic?
Or there was a Break Clause tat was implemented?
Yes?

However their new place fell through, and so when they saw the rooms in this house being individually advertised on spareroom they asked if they could rent one on a room only basis for a few months while they found something else. This the Landlord agreed to, and on the day the joint contract ended, they moved out of one room into a different one, and changed from paying the lead tenant the rent, to paying the landlord directly for the room only.
So on xx/xx/2018:
* all the other tenants moved out and stopped paying rent - was the deposit returned to te Lead tenant?
They changed room and started paying the LL £X per month as oppose to the £X times 6 that he had received till then
yes?

The landlord then asked them to sign a new joint and several contract, along with some other people who had moved into the other rooms. The other people signed, but my daughter and her boyfriend didn't because they had discovered that there was an HMO licence for 6 people, but there had been 8 people for most of the year, and would be again when all the rooms were rented. In addition they had asked the landlord for a number of repairs which hadn't happened (eg only one working shower and basin between 8 people). There were also some odd clauses in the contract like requiring bedlinen and curtains to be ironed regularly(!), plus a requirement whenever you left to find someone to take over your room.
* Their reasons for not signing are irrelevant (though may add weight to the argument that they are not on a joint & several contract with others in the property)
* they did not sign, and they are paying £X pm for a room which the landlord is presumably accepting yes?
* therefore they have a separate verbal tenancy agreement in their sole names for that room

Since then the Landlord has been telling them they have to leave,
He can say what he likes. he needs to serve a valid S21 and go to court

and that he won't repay the deposits from the Joint and Several contract until they do.
* Do you mean the original contract which has ended? What does the lead tenant say? The other tenants who vacated?
* have any or all of those joint tenants make a claim to the deposit scheme for the return of the deposit? If no why not?

My daughter and her boyfriend have said that they moved out, and back in again into a new room, which they believe means that they are now on a new default AST and that the old Joint and Several contract ended.
Based on what you say, I agree.
IS THE LANDLORD ACCEPTING THEIR RENT OF £X FOR THE ROOM?

There is a new joint and several contract signed by the other new tenants, dated the day after the other contract ended.
Irrelevant.

He's now telling them that if they don't leave, they'll be liable for the rent for the 2 empty rooms, which he can't fill as it would put the numbers back up 8, and he knows the council are investigating the HMO breaches.
Ignore.Continue to pay the agreed £X for the room

They never got any of the prescribed information, re deposit protection, EPC, gas certificate etc, because the Landlord claimed to have provided that to the original and/or lead tenant.
Since they are now on a different contract in their sole names, any S21 Notice he serves willbe invalid

Neither my daughter or her boyfriend were named on the Deposit certificate, although he has now updated it to just add my daughter and is trying to claim that her boyfriend was not a legitimate tenant (but they have email evidence to/from the landlord proving that he was).

Are they right in thinking that the original Joint and Several contract has ended, or is there a risk that he can force them to pay for empty rooms under the earlier contract? He's already issued one Section 21, which they told him was invalid, and he's now withdrawn it, and says he's going to issue another one, based on the previous contract.

Clearly only a court could decide, but in my view there is strong evidence to suggest the original tenancy ended and a new one commenced.


But the more evidence available to back up that view the easier to convince a court:
* emails
* presence of new tenants in some other rooms with a new contract (confirming the previous tenancy must have ended)
* evidence he has accepted the reduced rent for a room, not the whole house


* Have they been in contact with the council's HMO Officer?
* Have they approached the council's Private Tenancy Officer?
* Have they contacted HSE about the lack of gas certificate?

MiraNova

Thank you for your help..

To be clear, this agreement was a single agreement with all (6? 12?) people named on the same contract yes? It was a single contract with the original 6 names on it. The others are all named on individual Deeds of Assignment.

Presumably the fixed term (if any) had ended and the tenancy become periodic?
Or there was a Break Clause tat was implemented?
Yes? Yes it had become periodic by that time, so the fixed term had ended.

So on xx/xx/2018:
* all the other tenants moved out and stopped paying rent - was the deposit returned to te Lead tenant? No the Landlord held onto the deposit. One other person also arranged to pay for his room only for a couple of months.
They changed room and started paying the LL £X per month as oppose to the £X times 6 that he had received till then
yes? yes that's correct, previously they paid the lead tenant who paid for the rooms x 6. Now they are paying just for their room and direct to the landlord.

* Their reasons for not signing are irrelevant (though may add weight to the argument that they are not on a joint & several contract with others in the property)
* they did not sign, and they are paying £X pm for a room which the landlord is presumably accepting yes? Yes that's correct.
* therefore they have a separate verbal tenancy agreement in their sole names for that room
that's what we believe yes having read up a bit on forums, including this one.


Since then the Landlord has been telling them they have to leave,
He can say what he likes. he needs to serve a valid S21 and go to court. Good, that's the stance they've been taking.

and that he won't repay the deposits from the Joint and Several contract until they do.
* Do you mean the original contract which has ended? What does the lead tenant say? The other tenants who vacated? The original tenants have mandated that the contract ended on the agreed date and have asked for the deposits to be returned.
* have any or all of those joint tenants make a claim to the deposit scheme for the return of the deposit? If no why not? I believe they are in the process of doing that.


My daughter and her boyfriend have said that they moved out, and back in again into a new room, which they believe means that they are now on a new default AST and that the old Joint and Several contract ended.
Based on what you say, I agree.
IS THE LANDLORD ACCEPTING THEIR RENT OF £X FOR THE ROOM? Yes he is.

There is a new joint and several contract signed by the other new tenants, dated the day after the other contract ended.
Irrelevant. Ah ok, I thought there couldn't be 2 joint and several contracts active at the same time on the same house with different sets of tenants listed.

He's now telling them that if they don't leave, they'll be liable for the rent for the 2 empty rooms, which he can't fill as it would put the numbers back up 8, and he knows the council are investigating the HMO breaches.
Ignore.Continue to pay the agreed £X for the room Thank you, they will.


Clearly only a court could decide, but in my view there is strong evidence to suggest the original tenancy ended and a new one commenced. Thank you, this is very helpful, as is the conclusion that we had come to, but wanted to seek opinion from others more experienced.

But the more evidence available to back up that view the easier to convince a court:
* emails - yes lots
* presence of new tenants in some other rooms with a new contract (confirming the previous tenancy must have ended) - yes and they have a copy of the new contract as evidence
* evidence he has accepted the reduced rent for a room, not the whole house
Yes via bank statement.

* Have they been in contact with the council's HMO Officer? Yes, the HMO officer has done an inspection, and will send the outcome soon.
* Have they approached the council's Private Tenancy Officer? Ah no - I will mention that to them. What could they do to help?
* Have they contacted HSE about the lack of gas certificate? A gas certificate was eventually provided.
They are also in touch with the local fire service, and may ask them to come out. They are concerned that the HMO officer was a little dismissive about the lack of fire extinguishers (apparently not required in a 3 storey HMO?), and the fire doors don't auto close, aren't marked as fire doors, and don't seem to be full fire doors. They are waiting for the HMO Officer to write with his findings before deciding what to do next.



Thanks again for your help - really appreciated.