Problems with Landlord & housemate

OAB

Hello all.

This year I was in a tough position when trying to find somewhere to live and when a property became available, all be it, a room in a shared flat, I just had to take it. 

I visited the flat initially and the potential housemate seemed fine and I messaged him later on to tell him I would like to take the room. Everything went through.

On the very first day, we started to get to know each other and because I knew we had a lot of time together I told him things about me that was pretty private and he did the same. One of those things he told me was that he had a drug problem and was in 'recovery'. I wasn't very happy but I suppose I had to accept it as I had a roof over my head. 

It turns out he wasn't in recovery really. He took drugs in pretty much the first week which led to some weird things happening. He took them weeks later and I had to deal with the comedown. He took them again whilst I was on holiday and damaged and broke lots of my personal stuff.

It turns out that his previous housemate (in the same building) had the same issues and was the reason why they moved on. But she also told me that the landlord was aware of the problem went they went through the process of moving on. It also means that be broke the tenancy agreement in that flat too.

I am of course in the same position where I want that person to leave and it is becoming difficult. We are in a joint tenancy, which I have been misled into. I wouldn't have been in it if I knew prior. The landlord seems to think it is data protection issue and I don't know if it is. But if he breached the tenancy too, then why allow him back into your property?

Getting rid of him and getting the landlord to help is becoming a problem because of it being joint tenenacy, but I do believe I must have some sort of right, and the fact I have a learning disability, would make them help me more.

Should they have told me about the drug issue when they knew?
Why would they let someone in their property when they broke the last tenancy?

FWIW, my lanlord is like one of social/private ones which are difficult to explain

Any help would be really appreciated.

HampshireH

You have a joint tenancy with a stranger?

For how long? 


Your learning disability isn't the landlords responsibility.  It didn't prevent you from signing the tenancy. If your learning disability really does play a part here and you didn't/don't have capacity (which from your post it doesn't seem to be the case) I would suggest you seek support from social services, family, or another agency.

You should have made sure you understood the requirements of the joint tenancy and the risks before signing it with someone you didn't know or had the support to do so.

Potentially there is a safeguarding issue here however, I doubt your landlord will do anything about it. He can't just evict your housemate. 

Drug taking and smashing your stuff up is a police matter.

Assume it's a direct let and not through an agency at all? (Edit I don't know what you mean by a private/social landlord)

RHemmings

As per @HampshireH, how long is the tenancy for, and is there a break clause?

You can ask the landlord and other tenant to release you from the tenancy. Which may mean surrendering the new tenancy and then the landlord and other tenant creating a new tenancy excluding you. 

You seem to want the other tenant to leave and you remain in the property. That to me sounds like an even bigger ask. 

The previous tenant left. Have you asked her how the tenancy was ended? I'm not sure that I understand the following:

It turns out that his previous housemate (in the same building) had the same issues and was the reason why they moved on. But she also told me that the landlord was aware of the problem went they went through the process of moving on. It also means that be broke the tenancy agreement in that flat too.

Shelter England (are you in England) says the following. 

https://england.shelter.org.uk/housing_advice/private_renting/joint_tenancies/how_to_end_a_joint_tenancy

Moving out during the fixed term

The tenancy continues if you move out without ending the fixed term.

Your landlord could still ask you to pay rent even if you're living somewhere else.

You could get out of a fixed term tenancy early if you can:

• use a break clause to give notice

• negotiate an early end to the tenancy with your landlord

• unwind the contract because you were misled

To use any of these options, all of the joint tenants must agree.

(my emphasis)

I am not a lawyer and this is not legal advice. It does sound to me that you were aware of the drug problem before you signed. Is this the case? 

OAB

The tenancy agreement is for a year from late February and I wasn’t aware of his drug problem before I moved in with him. It wasn’t until things got out of hand that I tried to find his previous housemate who confirmed that she had the same problem and was the reason he moved on.

and yes it was a stranger, but I was in a desperate situation and needed somewhere to stay. 

I know that this is a joint tenancy, but it wouldn’t have been a tenancy at all if I had known of the issues, that the landlord knew about and that was also a breach of the tenancy. I’ve no idea why they want someone in another one of their properties when they breached the last one. 

HampshireH

OAB said:

The tenancy agreement is for a year from late February and I wasn’t aware of his drug problem before I moved in with him. It wasn’t until things got out of hand that I tried to find his previous housemate who confirmed that she had the same problem and was the reason he moved on.

and yes it was a stranger, but I was in a desperate situation and needed somewhere to stay. 

I know that this is a joint tenancy, but it wouldn’t have been a tenancy at all if I had known of the issues, that the landlord knew about and that was also a breach of the tenancy. I’ve no idea why they want someone in another one of their properties when they breached the last one. 

Because they are paying the rent and not causing them a problem.

Even drug addicts need somewhere to live.

Anybody moving in with a stranger and signing a joint tenancy should be asking questions before they sign.

You know if they stop paying the rent you'll be fully responsible too 

OAB

HampshireH said:

OAB said:

The tenancy agreement is for a year from late February and I wasn’t aware of his drug problem before I moved in with him. It wasn’t until things got out of hand that I tried to find his previous housemate who confirmed that she had the same problem and was the reason he moved on.

and yes it was a stranger, but I was in a desperate situation and needed somewhere to stay. 

I know that this is a joint tenancy, but it wouldn’t have been a tenancy at all if I had known of the issues, that the landlord knew about and that was also a breach of the tenancy. I’ve no idea why they want someone in another one of their properties when they breached the last one. 

Because they are paying the rent and not causing them a problem.

Even drug addicts need somewhere to live.

Anybody moving in with a stranger and signing a joint tenancy should be asking questions before they sign.

You know if they stop paying the rent you'll be fully responsible too 

They are not paying the rent and are two weeks behind, why are they 2 weeks behind? Because it's all been spent on drugs.

It is easy with hindsight to say you should have done checks, and I did to an extent, but didn't expect drugs to be an issue. I get the feeling he wouldn't have told me even if he asked.

I told him that he has six weeks to move out and catch up with the rent and that siz weeks takes him upto the end of the rent period. He then said he needed more time, when 6 weeks, in my eyes, is reasoanble.

The housing are being difficult about it to an extent, but they somehow knew about it, previously broke the last tenancy, so why on earth would they let him in another property of theirs?

secla

You cant tell him to move out he has a tenancy agreement
and as you have signed a joint tenancy (assuming it definitely is) then you are liable jointly for the rent so if he doesn't pay the landlord is within there rights to come after you for it.

Its a bit of an odd scenario to have a joint account with a stranger and as said maybe something that should have been made clear before you signed

Tabieth

OAB said:

HampshireH said:

OAB said:

The tenancy agreement is for a year from late February and I wasn’t aware of his drug problem before I moved in with him. It wasn’t until things got out of hand that I tried to find his previous housemate who confirmed that she had the same problem and was the reason he moved on.

and yes it was a stranger, but I was in a desperate situation and needed somewhere to stay. 

I know that this is a joint tenancy, but it wouldn’t have been a tenancy at all if I had known of the issues, that the landlord knew about and that was also a breach of the tenancy. I’ve no idea why they want someone in another one of their properties when they breached the last one. 

Because they are paying the rent and not causing them a problem.

Even drug addicts need somewhere to live.

Anybody moving in with a stranger and signing a joint tenancy should be asking questions before they sign.

You know if they stop paying the rent you'll be fully responsible too 

They are not paying the rent and are two weeks behind, why are they 2 weeks behind? Because it's all been spent on drugs.

It is easy with hindsight to say you should have done checks, and I did to an extent, but didn't expect drugs to be an issue. I get the feeling he wouldn't have told me even if he asked.

I told him that he has six weeks to move out and catch up with the rent and that siz weeks takes him upto the end of the rent period. He then said he needed more time, when 6 weeks, in my eyes, is reasoanble.

The housing are being difficult about it to an extent, but they somehow knew about it, previously broke the last tenancy, so why on earth would they let him in another property of theirs?

He may not have told you he had a drug problem but you’ve entered a legal contract with a complete stranger and that’s a massive gamble. I don’t really have any advice beyond getting legal advice to see what you can do to get out of this. Good luck and I hope it works out.