Do I have any legal standing at all?

Silver_Queen

It's not your problem...as far as you're concerned, you've filled your empty room. It's not your fault that another room has now become empty and it's nothing to do with you.

Is your deposit protected in a deposit protection scheme?

smdabs

Hi OP


As you previously said, the housemate who has taken your old room has signed a new tenancy for that room specifically and gave notice on their old room. Your tenancy/contract with the landlord was for that room and thus you have breached your tenancy for that room only.


Now of course I would suggest getting proper legal advice here however my take on your situation would be that this is very much the LLs problem. Both you and your housemate have now fulfilled your contractual obligations to the landlord on the basis you have, in writing, that although you are leaving before the fixed term, they would accept you finding an alternative tenant for your room instead of paying the outstanding rent - which you have done, and the other housemate gave them the relevant notice before vacating the other room as per their contract.


Should the landlord have had a problem with this at the time or wanted to add conditions to this agreement (e.g. you paying the rent on the other room), they would have to have specified this before and you would have had to agree to this before they agreed to a new tenancy with the other housemate.


They asked for a replacement tenant for the room, you got one. The other room has nothing to do with you. They can only chase you for monies/rent owed for the room detailed in your tenancy.


Like you say, they are in no more of a detrimental position than they would have been had the other tenant simply given them their notice and moved elsewhere entirely due to their rolling monthly contract - this is the landlords problem, not yours. They did not have to agree to you ending your tenancy early penalty free as long as you found another tenant, they could have simply told you to pay the rest of the rent within the specified fixed term so they have been reasonable in agreeing to do this... however they can't then change their mind or dictate conditions AFTER they have agreed a new tenancy on that room.


If I were you, I would explain this to the landlord and advise that you are not paying... if they persist, please do seek independent legal advice so they can tell you by the letter of the law whether the landlord has any legal standing.


Oh... and make sure all communication is in writing!!!

Smodlet

Typical, grasping LL. I know this is no help to you, OP but I agree with the other posters: The LL agreed you could find a replacement for your room; you have. The replacement was on a rolling monthly contract for which she has given the required notice. If the box room is now vacant, the LL can find a new tenant for it just as she would have had to had the other tenant just served notice and you had stayed put. It is neither yours nor the other tenant's problem.

Again, typical LL. Thank goodness there are some decent ones posting on here; let's hope some of them show up to help you.

Congrats on the job and good luck with your move... And with the horrible, grasping LL.

chanz4

Is this a registered hmo, and what type of agreement she make you sign?

G_M

She replied in writing that she was happy for me to find someone to take over the room, as she did not want the room empty and sent me photos to set up a spareroom account.

lincroft1710 wrote: »

If your housemate ends her tenancy by giving required notice and her rent is up to date, then all I can see you being responsible for is paying rent on your room until housemate begins her tenancy thereof

Legally this. You found "someone to take over the room", so you owe no rent from date that person starts tenancy for your room.

Housemate is on a rolling contract, so must

a) serve proper ( tenancy period?) notice to end his tenancy and
b) pay rent till that date

But morally, it seems clear the landlord's agreement to accept your Early Surrender subject to finding a replacement did not envisage this scenario. She almost certainly assumed, though did not explicitly state, that both rooms would continue to be occupied.

She assumed (as do I and probaby you and housemate) that housemate would not serve notice for the foreseeable future, and her intention (as demonstrated by "sent me photos to set up a spareroom account." was that an outside applicant would be found.

It is you that started out requesting a favour (Early Surrender) and she was accommodating. Now you are leaving her with an empty room which was what she sought to avoid in agreeing to release you early.

It will not cost you 3 months at the higher rent for the bigger room - which is where your obligation started. It will cost you 2 months at most (probably less depending on the period dates of the housemate's rolling contract) at the lower rent for the smaller room.

Do the decent thing.

Jumblebumble

jimbo2108 wrote: »

I think that you have to find a replacement for the box room. You first agreed to get a new tenant for your room then internally switched with another housemate, this doesn't solve the problem of one room being empty. You should find a replacement for the box room and pay rent until that is found. The landlord shouldn't have to foot the cost as if you stayed she would still be getting rent for all rooms and not for one room empty.

I disagree as well
The landlady is in the same position as if the tenant in the box room had handed in their notice and gone elsewhere which they were perfectly entitled to do
It is unfortunately her problem for allowing you to find another tenant or do you think if the OP had found another tenant from outside he should be obliged to compensate their ex landlord as that landlord would also have been getting the rent if the OP had stayed

onwards&upwards

Do the right thing OP.

When another housemate wants to leave early, do you think this landlady is now more or less likely to consider it?

If you’ve got a decent landlord who is willing to help you out when you need it, don’t thank them by screwing them over on a technicality.

Smodlet

onwards&upwards wrote: »

Do the right thing OP.

When another housemate wants to leave early, do you think this landlady is now more or less likely to consider it?

If you’ve got a decent landlord who is willing to help you out when you need it, don’t thank them by screwing them over on a technicality.

Yes, do the right thing, OP: Stand up for yourself. Why should you be out of pocket so your LL can avoid one penny of void period? She chose to be a LL; voids are par for the course.

Who gives a damn what the LL chooses to do to another tenant the OP does not know from Adam? Why should they care?

A decent LL would not attempt to screw their tenants over like this and it is hardly a technicality; it is a written agreement, effectively. The LL sent pictures for an advert to assist the OP in re-letting her room; this she has done. The tenant of the box room gave appropriate notice and paid rent accordingly, as far as we know: Any void resulting therefrom is the LL's problem. If they have not factored these into their business model, tough.

Paully28

onwards&upwards wrote: »

Do the right thing OP.

When another housemate wants to leave early, do you think this landlady is now more or less likely to consider it?

If you’ve got a decent landlord who is willing to help you out when you need it, don’t thank them by screwing them over on a technicality.

I am not sure how they are screwing over the landlady. The OP requested a compromise which was accepted, and has been followed through, and the other person in the flats is, I assume, sticking to their month-to month contract before moving.

G_M

Smodlet wrote: »

Yes, do the right thing, OP: Stand up for yourself. Why should you be out of pocket so your LL can avoid one penny of void period? She chose to be a LL; voids are par for the course.
Yes but the tenant chose to sign up to a 6 month contract! Why should the LL be out of pocket because the tenant wants to renegue on that legal commitment?

Who gives a damn what the LL chooses to do to another tenant the OP does not know from Adam? Why should they care?
Because the world would be a better place if we all cared a bit about other people? Those we don't know as well as those we do?

A decent LL would not attempt to screw their tenants over like this and it is hardly a technicality; it is a written agreement, effectively. The LL sent pictures for an advert to assist the OP in re-letting her room; this she has done. The tenant of the box room gave appropriate notice and paid rent accordingly, as far as we know: Any void resulting therefrom is the LL's problem. If they have not factored these into their business model, tough.

The LL's busines model would have been based on tenants staying for a minimum period - each tenant change costs money. Hence 6 month or 12 month contracts. The tenant on the rolling contract probably started out on 6 months and then stayed, so that fits the business model.

The OP is seeking to leave after just 3 months - not within the business model, and the LL accommodated that.

So in my mind, yes the tenant's legal position is one thing (a technicality), but the moral position differs.


What the OP decides to do is up to him.