[Tenant] - Am I in limbo?

StressedTenant2020

Hello! I’m looking for opinions / advice on what type of contract situation I’m in and what would happen if my landlord served notice.

For context, my flatmate and I had as AST that ran out in 2019 and turned into a statutory periodic tenancy. Due to Covid-19 my flatmate moved out in June which ended our joint contract and the landlord gave us both the deposits back. The landlord let me pay my normal rent, but now that it’s difficult to find a new flatmate she is demanding I pay double rent.

From what I’ve read, because she returned the deposits the contract tenancy has ended. We should have signed a new agreement to cover just me, but apart from a few emails (nothing legally signed) there’s no formal agreement that I should pay both rents. The landlord has hinted that she might serve me notice and that it would be 1 month. My understanding is Section 21 is currently 3 months, even for a statutory periodic tenancy (which I don’t think we even have due the contract with my previous flatmate ending).

Am I "tenant" or just someone living in his property paying him money every month? Does my landlord have the right to demand the rent my flatmate used to pay? Finally, if I am still on a periodic tenancy, would I get 1 months notice or 3 months due to Covid?

RAS

Has she accepted rent from you since June?
What do the emails say about finding a new joint tenant?

StressedTenant2020

Yes, the landlord has accepted rent from me since June. I was put in charge of finding a new flatmate and the landlord said I hadn't found one by late July I must pay double rent. She hinted that she could serve me notice and I would only have 1 month to leave (I don't think this is true, it's 3 months). 

Due to Covid I haven't been able to find a new flatmate yet, but the market is getting better. Do I have to pay double rent? My understanding is emails aren't a contract because I didn't sign anything and the landlord didn't set our respective rights and obligations. 

[Deleted User]

You need to be clear in the first instance regarding the fact of the joint tenancy agreement terminating.
This would typically involve you leaving the property and returning the keys or alternatively entering into a new contract (usually and ideally written). The return of the deposit does not necessarily end a tenancy.
If the original contract persists then you may remain liable for the full rent under the original contract, your 'normal rent' is the full rent, not the share you agreed with your fellow tenant.
If the original contract terminated there would then seem to be a new oral contract or as you state something agreed by email which you cannot ignore simply because you did not sign a new written agreement. If you have agreed to pay a reduced rent for a time and then as you put it 'double' rent at any point then you are bound honour this.
The landlord could issue section 21 notice - which is three months and does not require 'fault' on your part, plus a lot of court delays thereafter to see you evicted. The notice must be valid and given how the new tenancy has come about - the landlord is likely to have a paperwork problem.
If you accrue rent arrears you could be subject to section 8 notice which requires 'fault' to evict. This can result in eviction, money judgment, costs, and CCJ.
If you can leave within 1 month in agreement with te landlord without arrears that may be desirable.

Comms69

Literally nothing has changed for you. LL is an idiot

Comms69

[Deleted User] said:

You need to be clear in the first instance regarding the fact of the joint tenancy agreement terminating.
This would typically involve you leaving the property and returning the keys or alternatively entering into a new contract (usually and ideally written). The return of the deposit does not necessarily end a tenancy.
If the original contract persists then you may remain liable for the full rent under the original contract, your 'normal rent' is the full rent, not the share you agreed with your fellow tenant.
If the original contract terminated there would then seem to be a new oral contract or as you state something agreed by email which you cannot ignore simply because you did not sign a new written agreement. If you have agreed to pay a reduced rent for a time and then as you put it 'double' rent at any point then you are bound honour this.
The landlord could issue section 21 notice - which is three months and does not require 'fault' on your part, plus a lot of court delays thereafter to see you evicted. The notice must be valid and given how the new tenancy has come about - the landlord is likely to have a paperwork problem.
If you accrue rent arrears you could be subject to section 8 notice which requires 'fault' to evict. This can result in eviction, money judgment, costs, and CCJ.
If you can leave within 1 month in agreement with te landlord without arrears that may be desirable.

To be clear any court action - s8 or s21 can result in money orders and eventually a CCJ

Slithery

StressedTenant2020 said:

my flatmate moved out in June which ended our joint contract

Incorrect. To end a joint contract all parties must leave the property. As it stands the original tenancy continues with full rent due, you are actually in arrears as you have only been paying half of the rent. In fact, the LL can legally claim double rent for you failing to leave the property after giving notice.

StressedTenant2020

Slithery said:

StressedTenant2020 said:

my flatmate moved out in June which ended our joint contract

Incorrect. To end a joint contract all parties must leave the property. As it stands the original tenancy continues with full rent due, you are actually in arrears as you have only been paying half of the rent. In fact, the LL can legally claim double rent for you failing to leave the property after giving notice.

Hi Slithery. I never gave notice, just my old flatmate. The landlord returned the deposits and she moved out. 

The landlord wants to me stay and find a new tenant. From what I'm reading it sounds like I should have signed a new legal arrangement with the landlord that set out rights and responsibilities. 

MaryNB

If the tenancy has gone past the fixed term (as it has in this case) doesn't the periodic tenancy only need notice from one person to end it? Therefore the remaining tenant should have set up a new contract with the landlord. This is my understanding anyway, I haven't been in the position so not entirely sure. 
About halfway down: https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_joint_tenancy

The landlord should have protected your deposit if you're still a tenant. You could take her to court for not doing so if the last few months is considered a tenancy. 

Slithery

StressedTenant2020 said:

Hi Slithery. I never gave notice, just my old flatmate.

In a joint tenancy one person giving notice binds all parties. You can't give notice on half a tenancy, it's all or nothing.

Read...

Ending/renewing an AST

saajan_12

StressedTenant2020 said:

Hello! I’m looking for opinions / advice on what type of contract situation I’m in and what would happen if my landlord served notice.

For context, my flatmate and I had as AST that ran out in 2019 and turned into a statutory periodic tenancy. Due to Covid-19 my flatmate moved out in June which ended our joint contract- no, moving out alone doesn't end a tenancy. If the flatmate served notice, then the contract ended for both of you. If not, the tenancy continues. and the landlord gave us both the deposits back. The landlord let me pay my normal rent , but now that it’s difficult to find a new flatmate she is demanding I pay double rent. - what exactly was said? 

From what I’ve read, because she returned the deposits the contract tenancy has ended.- no, its irrelevant. A LL can choose not to take a deposit, or return it anytime. Indeed the recent tightened regulations about deposits mean lots of LL's are (or should be) refunding all or part of deposits but the tenancies continue.  We should have signed a new agreement to cover just me, - that would have been ideal, but not a must. but apart from a few emails (nothing legally signed) there’s no formal agreement that I should pay both rents. - there's no concept of 'both rents'. On a tenancy for the whole property, you're liable for the entire rent. IF the LL decides to give you a discount for some time, thats up to them, but legally there's no 'your half' and flatmate's half. The landlord has hinted that she might serve me notice and that it would be 1 month. My understanding is Section 21 is currently 3 months, - correct, Section 21 is 3 months, but they could serve Section 8 due to rent arrears or hold you to the notice and go straight to court. even for a statutory periodic tenancy (which I don’t think we even have due the contract with my previous flatmate ending).

Am I "tenant" or just someone living in his property paying him money every month? - The LL doesn't live with you, so thats a tenant. Does my landlord have the right to demand the rent my flatmate used to pay? - Its irrelevant who used to pay it. Even when the flatmate was there, you could be liable for the full amount.  Finally, if I am still on a periodic tenancy, would I get 1 months notice or 3 months due to Covid?

You have to be very careful about the exact status of the tenancy, ultimately it would be up to a court but if you quote the exact discussion with the LL, we can advise. The possibilities are: 
1) Flatmate served notice, ending the tenancy for both of you. The LL could have claimed double the rent for the entire flat because you overstayed past the notice. 
2) Flatmate served notice, ending tenancy. Then you and LL agreed a new tenancy, perhaps with a discount until July, then full rent. A tenancy doesn't have to be signed, emails can be sufficient depending on the wording. You owe the agreed rent. 
3) Flatmate served notice but then all parties agreed to withdraw the notice. Original tenancy continues, and full rent is owed. Flatmate is equally liable, but LL can choose to chase just one of you. The tenancy can be assigned to be just in your name or you + a new person, subject to the agreement by all parties. 

If its (1) then you need to leave. If its (2) or (3) then you have a tenancy but based on your descrition of the communication, the rent beyond July at least was agreed to be the full amount, so you need to pay that or risk eviction via Section 8 which may be less than the 3 months for Section 21.