left rented room, can I get into trouble?

placebo106

I would like to know if I can get in any legal trouble leaving my rented room?

On 13 Aug I went to see a room near Manor House. I liked it so I took it. The landlord asked me to pay £440, 1 week rent in advance and 3 weeks deposit. He said when I leave I would not pay for three weeks. And he said that the minimum stay is 3 months.
He asked me to send the copy of my passport and my payslip via WhatsApp so he could prepare the contract. That never happened. I haven't received any written contracts.

In my room the radiator knob is stuck, I asked him to fix it so I could turn the heating off. I never got a reply really.
I can only communicate with him via Whatsapp and sometimes it takes 5 days for him to reply.

The tiles in the kitchen are broken, still haven't been fixed. I told him the tap needed to be fixed too as it was constantly dripping. The fire-alarm is just hanging from the ceiling.
Also, I was not able to sleep through one night as my flatmates are incredibly noisy, cooking at 1-2-3 am, slamming doors etc, and despite being a back road it's incredibly busy with cars, most of the time constant 45-50 decibel, I felt exhausted all the time, not being able to sleep.

The room I rented was 2.3*2.3 so it's below the legal requirements of the room size.
And 9 people lived in the flat including me, and when I was checking the register, it was not HMO registered.

I sent him a Whatsapp message on 16 Sept saying I'm moving out by the 29 Sept and as I paid 3 weeks extra, that should cover the 2 weeks.
He replied that he said it was 3 months, and 5 days later that he doesn't know what I mean.

Can I have any legal problems because of this?
Thank you for any help!

placebo106

And two times there was no electricity in the flat. I had to go and top it up,
I had a reduced rent a week later but when someone says 110 per week including all bills then I expect electricity 24/7

AdrianC

Could you? Yes, easily. He could take you to court for whatever he thinks he can get away with, and you will need to lodge a defence or lose by default.

Would he win, assuming you lodge a sensible defence? Unlikely, from what you've said.

Can he claim for the full balance of the minimum three months rent? Unlikely. He can't prove that it was ever part of your tenancy, and he has a requirement to mitigate your losses by finding a replacement tenant anyway.

Most of your issues are things that are either absolutely foreseeable in central-ish London (street noise) or in multi-occupancy properties (noise from other residents), or you could easily have checked beforehand. Especially the room size and things like the kitchen tiles and fire alarm - did you not even look at the place before moving in...? Issues about HMO registration etc are utterly separate to any claim for debt you may or may not owe.

molerat

Yes you are in breach of your contract, which is a civil matter, but I doubt he landlord will progress any claim as it is a sure fire way of alerting the authorities to his dodgy set up.

placebo106

I did look and yes, I made quite a few mistakes I know.
The flat was in a back street. On the day of the viewing, it was quiet.
The other residents- normally a landlord takes care of their property and looks after their tenants but when it's impossible to communicate with him, only via whatsapp, I don't know what else I could have done.
The fire-alarm wasn't hanging when I moved in, and the kitchen tiles- he had more than a month to fix it and nothing happened.
I didn't know about the room-sizes before.

JayRitchie

Does you landlord live at the same address as you do? Did he send you any details about your deposit being safeguarded under the tenancy deposit scheme?

placebo106

No, he doesn't live there. And no, he didn't send me any paperwork, he said I won't get the deposit back but stay there for 3 weeks (the amount of the deposit)
I know I should have been more careful but I needed to find a place quick as my work contract was finishing where they provided me with a room. (obviously I needed to leave when I didn't work there anymore hence the hurry to find something else)

G_M

* If the LL doesnot live there, you are a tenant. Tenancy law applies.
* since the LL has not given you, in writing, an address in England for him 'for serving notices', you do not have to pay rent. Landlord and Tenant Act 1987 Section 48.

* If the '3 weeks deposit' is indeed a deposit, and he has not lodged it with a scheme, you can claim the penalty (up to 3 times the deposi).However if "when I leave I would not pay for three weeks." that suggestes it is rent, not a deposit. Can you clarify? Did you get a receipt? What does it say exactly?
* "he said that the minimum stay is 3 months." He said that. Did you agree? Was there a witness? Might this become "you said....", "No I said....."......???
* How many 'flatmates? How many 'separate households?' This might be an HMO. If so, it might also require compulsory licencing as an HMO. Check your local council website for their policy. If he has failed to licence the property, he would be stupid to pursue you......
* From what you say, it sounds likely also that he does not declare his rental income to HMRC for tax. I doubt he would want HMRC to hear about him......


For all these reasons I doubt he will take any action if you leave....

placebo106

Thank you for the replies, everyone.
I'm a bit more relaxed now and definitely learnt my lesson.