AST - No written tenancy Agreement - as a tenant, what am i liable for in terms of leaving?

A474737

Hi,

Just some quick facts about the situation and my question at the bottom.

The problem:

1. Moved into a property with a friend less than 6 months ago - i assume as joint tenancy, but never specifically agreed this
2. Landlord is a friend of his
3. no written tenancy agreement signed - no deposit - no gas safety cert - no address for landlord
4. Agreed to £300 each as rent - so landlord receives £600
5. He now wants to move out due to lack of money
6. Landlord is saying I'm liable for entire rent - £600 or to find someone else to move in
7. She's only given me one weeks notice of my liability for this now £600 rent - due on 1st Dec
8. My roommate has not said to me at any time he intends to moves
9. All bill have been in roommates name - I've sent him the money each month

My question and ideal solution:

1. Ideally, I'd love to just leave right away which is possible, how much am I / could I be made to pay legally?
2. If i move out before the 1st, am i or could i be made liable to pay £300 or the £600? The rent has been monthly paid on the 1st.
3. Who normally gets the better deal legally in cases of unwritten ASTs? The rent has been paid on a monthly basis. I've always paid £300.

I hope that's all clear enough, if any more information is needed i'll update. Thank you!

Comms69

A474737 wrote: »

Hi,

Just some quick facts about the situation and my question at the bottom.

The problem:

1. Moved into a property with a friend less than 6 months ago - As joint tenants?
2. Landlord is a friend of his - irrelevant
3. no written tenancy agreement signed - no deposit - what about right to rent checks, gas safety ceritificate, epc, address for the landlord?
4. Agreed to £300 each as rent - so landlord receives £600
5. He now wants to move out due to lack of money
6. Landlord is saying I'm liable for entire rent - £600 or to find someone else to move in - possibly.
7. She's only given me one weeks notice of my liability for this now £600 rent - due on 1st Dec - technically the tenancy cant end early unless you also agree. By doing so the landlord may inadvertently have suggested that this was not a joint tenancy
8. My roomate has not said to me at any time he intends to moves

My question and ideal solution:

1. Ideally, I'd love to just leave right away which is possible, how much am I / could I be made to pay legally? - Well you can just leave. Given the issues involved I doubt the LL would have much recourse against you
2. If i move out before the 1st, am i or could i be made liable to pay £300 or the £600? - depends on your tenancy periods.
3. Who normally gets the better deal legally in cases of unwritten ASTs? The rent has been paid on a monthly basis. I've always paid £300. - couldn't say.

I hope that's all clear enough, if any more information is needed i'll update. Thank you!

If you also want to leave, then just leave by the same date as your roommate. The landlord is saying it's a joint tenancy; so you are both free to leave.

saajan_12

A474737 wrote: »

Hi,

Just some quick facts about the situation and my question at the bottom.

The problem:

1. Moved into a property with a friend less than 6 months ago - okay, so you knew your housmate.. likely joint tenancy. Did you have locks on your bedroom doors and LL have free access to the common areas?
2. Landlord is a friend of his
3. no written tenancy agreement signed - no deposit- thats fine, what was said? Who paid bills?
4. Agreed to £300 each as rent - so landlord receives £600
5. He now wants to move out due to lack of money - is that the friend? he can't be absolved of all responsibility. Is he giving any notice?
6. Landlord is saying I'm liable for entire rent - £600 or to find someone else to move in - correct if its a joint tenancy. Then you & housemate are jointly & severally liable for the full rent. You can take in a lodger to help wiht rent, but the LL can chase you for the full amount.
7. She's only given me one weeks notice of my liability for this now £600 rent - due on 1st Dec - Who's she: LL? They didn't need to give you notice, the liability was always there. Roommate? that's between you two, I suggest you demand they pay their share until you find a lodger.
8. My roomate has not said to me at any time he intends to moves - Then speak to your roommate!

My question and ideal solution:

1. Ideally, I'd love to just leave right away which is possible, how much am I / could I be made to pay legally? - in the absence of a specific agreement, you'd need to give "reasonable notice". If rent is paid monthly, then 1 month notice. Also rent is not subdivisible so on your next payment date you / roommate pay the full £600 and give notice at the same time.
2. If i move out before the 1st, am i or could i be made liable to pay £300 or the £600? - Yes, the LL could sue you for rent during the void upto a reasonable notice period ie £600. Or they could sue your roommate. Or both (but only get paid once in total)
3. Who normally gets the better deal legally in cases of unwritten ASTs? The rent has been paid on a monthly basis. I've always paid £300.

I hope that's all clear enough, if any more information is needed i'll update. Thank you!

The key is whether it is a joint tenancy or individual contracts.

JOINT:
- You and roommate jointly rent the whole property, the LL can't freely use common areas (unless invited by his friend?).
- Further (non conclusive) evidence could be you & roommate pay utility bills, TV, council tax etc for the whole property.
- You and roommate jointly & severally liable for the full £600
- You and roommate must give reasonable notice to terminate ie 1 month. IF you don't, the LL could sue either or both of you for rent during the void, (capped at your reasonable notice period).
- If roommate moves out, you could decide to stay on and take in a lodger who contributes to the rent. As far as the LL is concerned, he can still chase you and/or original roommate.

INDIVIDUAL:
- If you each rent 1 bedroom and just have access to the communal space, which the LL also has free access to
- Further (non conclusive) evidence could be that the LL pays council tax as an HMO.
- You're each liable for £300 only and roommate's contract endign doesn't affect yours
- You must each give 1 month notice to end your respective contracts (or LL can sue each separately for £300)

ADVICE:
Sounds like its joint so just focus on getting 1 more months rent out of the roommate. Then you can serve 1 months notice and leave or have time to find a lodger for roommates' room and share of rent.

Comms69

What about right to rent checks, renters guide, epc?


In any case whilst you don't have an address for the LL you are not liable to pay rent. (the debt still builds) so you can pause payments whilst this is resolved.


I would mention to the LL that a number of criminal offences have been committed and she may wish to re-evaluate her position

A474737

Thank you. Out of curiosity and just so I know, what kind of criminal offences are you talking about? I just want to make sure I've got all the information.

• Rent checks - nope
• Renters guide - nope
• EPC - nope

Comms69

A474737 wrote: »

Thank you. Out of curiosity and just so I know, what kind of criminal offences are you talking about? I just want to make sure I've got all the information.

• Rent checks - nope
• Renters guide - nope
• EPC - nope

Right to rent: http://www.landlordsguild.com/right-to-rent-becomes-a-criminal-offence/


Gas Safety: https://www.pims.co.uk/penalties-non-compliance-gas-safety/