Sole tenant (+ lodgers)- dispute re deposit refund

mr1974

Hi all

Apologies for the long post, and if anyone has already read this on landlord zone.
I need some help as I am in a sort of a mess.

I rented out a place in December last year and started living there with my girlfriend and 3 other people. The contract was exclusively in my name, as I was the only one who could guarantee the right level of income, credit history etc.
The agent from which we rented was aware of the additional people living there and told me he needed to know who they were, and took their names - although this is not noted down formally anywhere on the contract.

5 months into the contract, beginning of April, I started having issues with one of the guys in the house. He would be generally abusive, would take our stuff from common spaces, and also entered my room while I was on holiday.
We reached the point when I was starting to feel unease with my girlfriend alone with this person in the house, and I decided that we couldn’t live together anymore.

I tried to keep the experience painless and avoid confrontation, so I told the guys they could stay in the house and I and my girlfriend were moving out. We found a place almost immediately (were quite eager to move quickly) and left.
Also, I immediately found a replacement for us in the house, but my ex-flatmates started to be fussy and say they did not want me to choose, and wanted to choose the new flatmates themselves. Of course this was happening with me having to pay the rent while they were choosing who they wanted, but I was really determined not to create attrition and agreed.
It took them 3 weeks so we ended up paying our quota for 3 weeks for both rooms in the meantime. we also kept on paying our full quota of utilities during that period (electricity, gas, landline, council tax, broadband, water) although we had moved so were not using anything like electricity or gas.

Finally, we had to get our shares of the deposit back (£450 over £1000). My previous flatmates paid us one deposit when the new people moved in, but kept on delaying and delaying giving me back the second one.

To cut a long story short, I understood they did not want to give me my deposit back, and at one point I was told that they were making me a favour staying in the house. That’s when I decided to terminate the contract (that was still under my name only) and get rid of the entire situation.

Not that easy.
The contract had a break-out close after 6 months, so I sent the notice to the agency that I was terminating the contract, duly making sure they would receive it before the rent date of the third of June.
I then probably made the mistake of thinking everything would have been ok and didn’t follow up. When I did, around mid July, the agent looked quite surprised and told me he had not carried out the checkout, because he thought we wanted to make a name change. By this time I didn’t want to have anything to deal with my previous flatmates anymore, and also doing a name change would have meant I would have certainly not seen my share of deposit anymore (whereas the deposit is returned to me if I terminate)
I asked him why he had assumed that, and that I sent a clear letter requesting termination. He then told me I had not handed out the keys – but the truth is he never went to the property. I told him I wanted to terminate and he told me he would have gone to the property soon to do the checkout.
One week later I him and he tells me that people are living there (well he knew it all the way) and that if I wanted to terminate the contract I had to get rid of them and hand in the property vacant possession. He told me they had no right to be there and I could just call the police and have them sent out. I am not sure it is that easy, and if they have rights instead.

I have been avoiding thinking about this mess for a while now, but the one year contract is terminating on the 23rd of December: what’s going to happen? Shall I serve another notice to the agent? Shall I also serve a notice to my previous flatmates – although they have no contract with me or anyone else (note subletting is explicitly forbidden by contract).

Note the agent is aware of the entire situation and knows I am not in the property and he has been getting money from the tenants directly (perhaps pretending not to know it) into the agency account for 6 months now.

Do I need to give any notice if the contract is terminating after one year on the 23/12/2007 ? Do I need to be present for the checkout?

Any inputs appreciated…
SX

silvercar

you need to tell the agent that you are not renewing the contract. you will also need to be present for checkout and give the keys back to the agent with vacant possession. In other words you are going to have to persuade the sub-letters to leave.

Either that or make sure the sub-letters become the tenants and take over the tenancy at that date.

If they don't leave you will still be responsible for the rent and I would think the tenancy would continue in your name on a periodic basis.

mr1974

silvercar wrote: »

you need to tell the agent that you are not renewing the contract. you will also need to be present for checkout and give the keys back to the agent with vacant possession. In other words you are going to have to persuade the sub-letters to leave.

Either that or make sure the sub-letters become the tenants and take over the tenancy at that date.

If they don't leave you will still be responsible for the rent and I would think the tenancy would continue in your name on a periodic basis.

But they have no written contract with me? What rights do they have?
Can I just go there and ask them to leave, and clal the police if they don't?

mr1974

anyone at all on this?

Rabiddog_2

Confront your ex friends/flatmates and tell them you are handing in the tenancy. Get your name taken off the agreement. They will not be wanting to move out this close to Christmas. You are not living there so don't pay any extra money towards it. Be firm with the letting agents, ask for your deposit back, while reminding them of their legal duties (estate agents). Punch the Knicker-Sniffer in the Face whilst wishing him a merry Xmas (joke).

Badger_Lady

mr1974 wrote: »

But they have no written contract with me? What rights do they have?

Not a lot - as lodgers (rather than renters), they have very few rights indeed - as you say, no contract with LA only a verbal one with you (as their sub-landlord).

I would make things as "official" as possible, by giving them notice in writing and making it clear that the rental contract is terminated.

I also think you need to try and be friendly and polite, though - don't just storm in there shouting "get out or I'll call the police"! It would be polite to give them a month's notice and, as above, preferably NOT a moving date 2 days before Christmas :eek:

mr1974

Badger_Lady wrote: »

Not a lot - as lodgers (rather than renters), they have very few rights indeed - as you say, no contract with LA only a verbal one with you (as their sub-landlord).

But does that not implicitly give them AST status?

mr1974

mr1974 wrote: »

But does that not implicitly give them AST status?

I mean the contract is valid regardless of being verbal?

Although I am not really subletting, the AGENT is aware of them living in the proprty and IS accepting rent from them directly...

Strapped

Do you still have keys to the place? I'd arrange to change the locks while they were all out and hand the new keys back to the agent (getting a receipt of course). If the LA requires all the junk (their stuff) left in the property to be cleared at your expense, no problem, as the £1000 deposit which is returnable to YOU, the tennant, ought to cover it.

Job done.