Landlady asking me to cover rent for two rooms - a little worried about it

james_hadley

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

Slithery

(Removed by Forum Team).
In a joint tenancy there is no distinction between you and the other tenant, you are both considered as one legal entity. By giving notice your flatmate gave notice to end the tenancy for both of you, and because you both didn't vacate the tenancy continues as-is but the LL can legally claim double-rent from you. You and your flatmate are still liable for all costs.
Please read...
Ending/renewing an AST

[Deleted User]

james_hadley said:

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

What does your tenancy agreement say you are renting, just a room or the whole property. Is the agreement you have just in your name or in joint names with your former flat mate? 

“We both signed a new Assured Shorthold Tenancy,” makes it sound like it was a joint tenancy. 

macman

I suspect that the LL is not necessarily aware of the double-rent clause. But, she has seemingly issued a joint tenancy, has generously given the OP 2 months grace to find a replacement, which has not happened, and now she has lost patience and is asking the OP to pay the full rent due.

OP, suggest you familiarise yourself with the meaning of 'jointly and severally liable', as it appears you are in a joint tenancy which covers the whole flat.

If in doubt about that, you need to quote the exact wording of your AST in this respect.

greatcrested

james_hadley said:

 I've been renting a room in a two bedroom flat, in London, since March, last year.

I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'.

So you have a joint tenancy. Your fixed term has ended. You now have a Statutory Periodic Tenancy.

Sadly, my flatmate moved out, last November, after giving her one month's notice period,

If one joint tenant serves notice in a SPT, it ends the tenancy for both tenants. You should have moved out. By filing tomove out when the notice expired, you are both now liable for double rent. (Distress For Rent Act 1737 S18 )

in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck.

So you and your joint tenant ( who has left even though the joint tenancy continues) are looking for a lodger?

Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.

You are very lucky - she should be charging you (and/or your joint tenant) for the whole property as per your tenancy agreement. Or indeed, double rent - see above.

Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property.

I'm amazed she has given you this discount so far.Very generous!

She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help.

Until you and your joit tenant properly end the existing tenancy, it is not her job to find a replacement. However, if you do find a replacement, and she approves of that person, you and the replacement could sign a new joint tenancy. You would need the consent of your current joint tenant though I suspect he has long gone.....

Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement!

At the top it should say:

The landlord: xxxxx

The tenant: xxxxx and yyyyy

The property: address

or similar.

I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

You could move out tomorrow since your joint tenant served notice to end the tenancy. Whether the LL would charge you the doublerent is up toher(many LLs are unaware of the Distress For Rent Act.

The alternative is to find a replacement and either

* start a new joint tenancy - assuming the LLagrees (and this time understanding what a joint tenancy is)

* rent the 2nd room out yourself to a lodger. You would be thelodger's landlord. They would pay you rent for the room. You would pay rent for the property to your landlord.

james_hadley

Lover_of_Lycra said:

james_hadley said:

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

What does your tenancy agreement say you are renting, just a room or the whole property. Is the agreement you have just in your name or in joint names with your former flat mate? 

“We both signed a new Assured Shorthold Tenancy,” makes it sound like it was a joint tenancy. 

Hi, thanks for your kind response. 
There is a part in the tenancy agreement that states, 'It gives the tenant (as defined) a right to occupy the Property (as defined) until the agreement is brought to an end in accordance with the provisions contained in that Act.' In another section, it states, 'The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the Rent payable as above.'  
There is also a section which says, 'Where the Landlord or the Tenant consists of more than one person, the covenants on their part in this agreement shall be joint and several'. 
Thank you 

greatcrested

And what does it say at the top? Who is named as 'The tenant'?

But frankly, "'Where the Landlord or the Tenant consists of more than one person, the covenants on their part in this agreement shall be joint and several'.  " is pretty clear.

You and your joint tenant are together renting the whole property.

You are each, individually, responsible for the full rent. ("jointly and severally")

[Deleted User]

james_hadley said:

Lover_of_Lycra said:

james_hadley said:

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

What does your tenancy agreement say you are renting, just a room or the whole property. Is the agreement you have just in your name or in joint names with your former flat mate? 

“We both signed a new Assured Shorthold Tenancy,” makes it sound like it was a joint tenancy. 

Hi, thanks for your kind response. 
There is a part in the tenancy agreement that states, 'It gives the tenant (as defined) a right to occupy the Property (as defined) until the agreement is brought to an end in accordance with the provisions contained in that Act.' In another section, it states, 'The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the Rent payable as above.'  
There is also a section which says, 'Where the Landlord or the Tenant consists of more than one person, the covenants on their part in this agreement shall be joint and several'. 
Thank you 

Is there a section called “Parties” in which the tenant(s) and landlord are named? It’s usually near the front. 

saajan_12

james_hadley said:

Lover_of_Lycra said:

james_hadley said:

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

What does your tenancy agreement say you are renting, just a room or the whole property. Is the agreement you have just in your name or in joint names with your former flat mate? 

“We both signed a new Assured Shorthold Tenancy,” makes it sound like it was a joint tenancy. 

There is also a section which says, 'Where the Landlord or the Tenant consists of more than one person, the covenants on their part in this agreement shall be joint and several'. 
Thank you 

So you are jointly liable for the entire property, including damages and £1500 rent - and have been since March 2020. Joint & several means you are each liable for the whole thing, so the LL can choose who to chase. Any agreement between you and the flatmate to split costs 50/50 (or however) is between you, nothing to do with the LL. So any month that the full rent didn't get paid, you should have been paying the LL (and then seeing if you can claim flatmate's share from them). 

james_hadley said:

Hi All, I hope I'm using this forum correctly. I've been renting a room in a two bedroom flat, in London, since March, last year. I moved in after finding the property on Spare Room and joined another tenant, who had been living here for three years. We both signed a new Assured Shorthold Tenancy Agreement 'for the duration of 6 months (but continuing by virtue of statute until notice is given)'. 
Sadly, my flatmate moved out, last November, after giving her one month's notice period, in October. I advertised the room, and found some interest but not very much at all. After continuing to advertise, since then, the room is still vacant and, as you can imagine, I'm worried, as I've advertised the property everywhere but with no luck. Until now, the landlady hasn't been involved in advertising the place and she has not been charging me for the extra room, either.
Last Thursday (04.02.21), however, the landlady told me that I will have until 25th February to find a new flatmate or I will be responsible for paying the entire £1500 rent for the property. She did not express that she would help to find said flatmate, until I quickly emailed back to ask for some additional help. Another worry (and slight confusion) is whether my previous flatmate and I have rented the whole house, together, or if we have rented separate rooms; I can't quite pinpoint where that information is in my tenancy agreement! I am not using the other 'spare' room and cannot afford to pay for the entire flat. Do you know if I have any options other than to give my notice and move out (which I really don't want to do)?
Thanks for your help,
James 

The flatmate's notice isn't "her own" - it applies to the whole property, which should be vacated by the expiry date stated on the notice. Otherwise the LL can charge double rent (£3000) between the notice expiry date (Nov) and the date that the property is vacated. 

It is entirely up to you + flatmate to pay the full rent, regardless of who lives there - you could:
a) cover the full £1500 yourself
b) get a lodger who pays you, and then you pay the LL the full amount
c) find a new tenant and agree with the LL to sign a new AST with you + new person. 
d) leave. Perhaps serve 1 tenancy period notice (if you / LL / flatmate have implicitly agreed to recind the old notice from Oct). 

Note you may be able to claim (part of) any extra costs you face from the flatmate. However this would be up to you to chase, not the LL and they may be difficult to track down, so its probably in your best interest to find the cheapest solution for everyone. 

BTW what happened to the deposit when you moved in and in November when flatmate moved out? 

james_hadley

saajan_12

Thank you for your kind and thorough response. I really appreciate the help and support. 

I paid one month's rent upfront ( £750 - which acts as a deposit) along with one month's rent, at the start of the tenancy, back in March. 

[Deleted User]

james_hadley said:

saajan_12

Thank you for your kind and thorough response. I really appreciate the help and support. 

I paid one month's rent upfront ( £750 - which acts as a deposit) along with one month's rent, at the start of the tenancy, back in March. 

As folk have pointed out, your maximum liability here is a demand for the balance of £3000.00 per month since November in distress of rent. This potential liability will continue to accrue every time the term ticks into another month.
In your shoes I'd move out immediately to draw a line under that potential liability.
Also, tell us how the (presumably) £1500.00 deposit was protected in a scheme and the current status of the deposit funds.