Vacating a HMO

Fish66

Need advice on how to get out asap....
I moved into a HMO (4 others) with what I thought to be other adults with similar values and lifestyle to me.
Fast forward a month and the reality is far from this. There is drug use, lots of alcohol on the weekends, late night noise, lots of mess and indoor smoking. Due to my past, these behaviours have a negative impact on my wellbeing and I need to vacate.

I signed a casual piece of paper saying I would stay for a minimum three months and give four weeks notice to vacate. Everything is done cash in hand with no receipts and I paid a deposit of £520, the rent is £520 pcm. I would even consider losing my deposit if it meant I can just vacate.
Advice please.

Pixie5740

Fish66 said:

Need advice on how to get out asap....
I moved into a HMO (4 others) with what I thought to be other adults with similar values and lifestyle to me.
Fast forward a month and the reality is far from this. There is drug use, lots of alcohol on the weekends, late night noise, lots of mess and indoor smoking. Due to my past, these behaviours have a negative impact on my wellbeing and I need to vacate.

I signed a casual piece of paper saying I would stay for a minimum three months and give four weeks notice to vacate. Everything is done cash in hand with no receipts and I paid a deposit of £520, the rent is £520 pcm. I would even consider losing my deposit if it meant I can just vacate.
Advice please.

Is this “casual bit of paper” a joint agreement with the other 4 occupants? Does the landlord live in the same property as you? 

Fish66

Pixie5740 said:

Fish66 said:

Need advice on how to get out asap....
I moved into a HMO (4 others) with what I thought to be other adults with similar values and lifestyle to me.
Fast forward a month and the reality is far from this. There is drug use, lots of alcohol on the weekends, late night noise, lots of mess and indoor smoking. Due to my past, these behaviours have a negative impact on my wellbeing and I need to vacate.

I signed a casual piece of paper saying I would stay for a minimum three months and give four weeks notice to vacate. Everything is done cash in hand with no receipts and I paid a deposit of £520, the rent is £520 pcm. I would even consider losing my deposit if it meant I can just vacate.
Advice please.

Is this “casual bit of paper” a joint agreement with the other 4 occupants? Does the landlord live in the same property as you? 

No ok the landlord doesn't live here and it's a sole agreement. Thanks.

Pixie5740

Fish66 said:

Pixie5740 said:

Fish66 said:

Need advice on how to get out asap....
I moved into a HMO (4 others) with what I thought to be other adults with similar values and lifestyle to me.
Fast forward a month and the reality is far from this. There is drug use, lots of alcohol on the weekends, late night noise, lots of mess and indoor smoking. Due to my past, these behaviours have a negative impact on my wellbeing and I need to vacate.

I signed a casual piece of paper saying I would stay for a minimum three months and give four weeks notice to vacate. Everything is done cash in hand with no receipts and I paid a deposit of £520, the rent is £520 pcm. I would even consider losing my deposit if it meant I can just vacate.
Advice please.

Is this “casual bit of paper” a joint agreement with the other 4 occupants? Does the landlord live in the same property as you? 

No ok the landlord doesn't live here and it's a sole agreement. Thanks.

It certainly sounds like you’re a tenant then. If you signed a contract with a 3 month fixed term then you are contractually obligated to pay at least 3 month’s rent. However, if everything is done on a cash only basis and I’m going to take a wild guess that the deposit hasn’t been protected I would do a moonlight flit and move out. 

canaldumidi

Were you given an EPC? Gas report? EICR (electrical) report? Gov leaflet (How to rent)? All are legal requirements so if not you have the LL over a barrel!

Was your deposit protected in a scheme (see below)? If not you can claim a penalty of up to 3 times the deposit (assuming you have evidence of paying it).

Is the HMO registered with the council? Contact them and check.

If it's all cash, I suspect the LL is not declaring income to HMRC, and if he has a mortgage probably does not have the mortgage lender's permission.

All of these things mean that if you simply leave, and the LL plays hard-ball with you, you can play hard-ball in return. Tell him you'll contact his mortgage lender, HMRC, the council etc etc.

But strictly speaking you agreed 3 months so must stay for 3 months, unless the "give four weeks notice to vacate" constitutes a Break Clause - what is the exact wording on the paper?

Post 3: Deposits: Payment, Protection and Return.

TripleH

How would a lack of gas and electrical reports help?

I know rental properties must have them (England) but if they are missing how can the Op benefit in this situation?

Fish66

If it helps this is the contract I have signed...

saajan_12

Fish66 said:

Need advice on how to get out asap....
I moved into a HMO (4 others) with what I thought to be other adults with similar values and lifestyle to me. - an assumption on your part.. I presume the values of your housemates wasn't written into the contract. Wouldn't even expect that random strangers would have my values, without long meetings. 
Fast forward a month and the reality is far from this. There is drug use, lots of alcohol on the weekends, late night noise, lots of mess and indoor smoking. Due to my past, these behaviours have a negative impact on my wellbeing and I need to vacate. - nothing to do with the LL, its the same as if your neighbour did it. For illegal drug use, contact police; for alcohol and staying up late.. where do you expect they do this other than their home? 

I signed a casual piece of paper - legally binding contract can just be a casual piece of paper.. there's no legislation specifying the paper quality / type font etc.. saying I would stay for a minimum three months and give four weeks notice to vacate. - so you agreed to stay for at least 3 months. Just like they can't magically change the rent to £1000000, you can't reduce the min 3 months unilatterally.  Also check whether its 4 weeks (vs 1 month or 1 tenancy period)
Everything is done cash in hand with no receipts and I paid a deposit of £520, the rent is £520 pcm. - why would you pay cash without insisting on a receipt? It would be up to you to prove you even paid a deposit / rent (unless it says already paid deposit in the contract)
I would even consider losing my deposit if it meant I can just vacate. - you'd lose more than a deposit.. try rent for the full 3 months, then deposit returned less damages. 
Advice please.

Advice: Ask the LL if you can leave early, in return for eg losing deposit or rent up until they find a replacement etc. If they refuse, then serve the requisite notice to terminate at the end of the 3 months, and pay rent upto that point. 

Your assumptions or housemate incompatibility have nothing to do with the LL and do not invalidate the legally binding contract you have. 

dimbo61

Yet the tenancy agreement is a Lodgers agreement and the poster has already stated that the Landlord does not live in the house.
Have you found somewhere else to live ?
Homeless for Xmas ? 

Fish66

I haven't found anywhere else to live. I have been staying on a friend's sofa at the weekends but she has relatives coming for Xmas so I will just stay in my room and long for Xmas to be over so I can get back to work and endure it until the end of January.

Debt

I would just go.