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renting and deposits

24

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    diane*** wrote: »
    Comms.

    3 of them had made this place their home, i guess they just wanted to stay, this was the contract , if they wouldn't sign they had to move.
    it's one hell of an expensive lesson, is this why violence erupts? it's clearly not fair or right. the other tenants didn't have a choice who occupied the room.
    the landlord has it every which way.
    everything has been his choice but the tenants are having to pay.



    Not sure how that's relevant. It was the tenants choice what they did.


    They had a choice, they chose to sign up to a joint tenancy agreement. This is the consequence.


    I sympathise, but legally there is little he can do. And a drunk/drug abuser is unlikely to ever repay the money
  • saajan_12
    saajan_12 Posts: 5,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    diane*** wrote: »
    the landlord chose the tenants.
    no one knew each other so it seems harsh that the others should be held responsible for the one who has become unstable.- Others are held responsible because that's what they specifically agreed to by signing a joint & several tenancy (rather than insisting on individual agreements for a room or going elsewhere). A joint and several tenancy means there is no 'his' or 'her' rent.. each tenant is liable for the full amount.
    the landlord gave 2 months notice by letter. - was this a Section 21 notice, served after the first 4 months of the tenancy (ie since move in not latest agreement)? Were deposits protected in one of the 3 schemes? Theres a whole checklist of things that can invalidate a S21 notice.
    the contract was for 6 months , signed in August 31st it ends 1st February 31 Aug - 1 Feb is 6 months+2 days.. which is it?
    all were named on the tenancy
    the contract had been different prior to August, it was not 6 months it was a contract that said either the landlord or tenant could end the contract by giving 2 months notice.
    the one non paying tenant remains, he says that he cannot be made intentionally homeless by the land lord. - the terminology is off. The LL can make him homeless, but not yet.. LL must serve apply to court for a possession order, and then get bailiffs in. If the tenant moves out before this, he would be deemed to be making himself intentionally homeless meaning he wouldn't get council housing. However unless he has other issues, a single young male is unlikely to get decent council housing, so suggest other tenants explain this to the person still in the property.
    he had been lead tenant but that was given to my son when he became unreliable. - the title of lead tenant is largely irrelevant, may affect mechanics of logging onto the deposit scheme / account for deposit return if applicable.

    why are the other tenants more responsible than the landlord given he was the one who inteviewed the tenants and chose them?

    The tenants are responsible for the full rent until all of them vacate and the tenancy ends, because that is what they signed up to in a joint & several tenancy. I wouldn't have taken that on with stranger co tenants, but son did..

    Next steps, I'd suggest
    - Encourage the tenant in residence to move out as he's unlikely to get decent council help.
    - Move back in if no chance of a move out, to reduce other rent costs.
    - Encourage LL to evict quickly by getting a possession order + bailiffs saying they're unlikely to collect on full rent. That would terminate son's rent liability and trigger deposit return if anything left (unlikely)
  • thank you, it all seems like bad news for the young workers involved, they are quite vulnerable, the Landlord played a blinder, which ever way he falls it's up.


    in my upset mood I am hoping the place burns down, he can't charge rent then.


    the drunk drug addict is also comfortable, the only ones to suffer are the up standing law abiding. this sucks. Makes you question the law and who it is there to protect.


    the other tenants have all moved out and have new accommodation, it was impossible to live with this individual and maintain mental health, they couldn't anticipate what they'd come home to or what would be stolen or if they'd get any sleep.


    they have all been paying 2 rents, it was worth that to get away but they cannot dig into savings indefinitely .......... so where is the law for them.


    I am so upset for them..


    I have asked them to go to citizens advice immediately.


    I have read your replies but I haven't really understood the gravity of the situation other than the contract is binding and the landlord is scum.


    I am concerned that the young workers will all end up in court unable to pay 2 rents , all will end up homeless.... how can that be right?.
  • Lokolo
    Lokolo Posts: 20,861 Forumite
    Part of the Furniture 10,000 Posts
    Because your son signed the contract. Why did he sign it if he didn't want to be liable for the others?

    Yes it is a sad state of affairs, but at the end of the day, it is your sons fault for getting into the mess in the first place. You live and learn.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    diane*** wrote: »
    thank you, it all seems like bad news for the young workers involved, they are quite vulnerable, the Landlord played a blinder, which ever way he falls it's up. - vulnerable in what way?


    in my upset mood I am hoping the place burns down, he can't charge rent then. - Actually yes he can, as long as he provides alternate accommodation.


    the drunk drug addict is also comfortable, the only ones to suffer are the up standing law abiding. this sucks. Makes you question the law and who it is there to protect. - Uhm it protects tenants, if your son was unemployed for example, he would be protected.


    the other tenants have all moved out and have new accommodation, it was impossible to live with this individual and maintain mental health, they couldn't anticipate what they'd come home to or what would be stolen or if they'd get any sleep. - did they report him to police etc?


    they have all been paying 2 rents, it was worth that to get away but they cannot dig into savings indefinitely .......... so where is the law for them. - the law is, don't sign joint contracts with people you don't know


    I am so upset for them..


    I have asked them to go to citizens advice immediately.


    I have read your replies but I haven't really understood the gravity of the situation other than the contract is binding and the landlord is scum. - ill explain.


    I am concerned that the young workers will all end up in court unable to pay 2 rents , all will end up homeless.... how can that be right?.



    Well they wont end up homeless, as long as they pay the rent on their current homes.


    They might end up in court, but the LL might decide that evicting is quicker than waiting on rent from so many people. (they will still owe some amount)


    In joint tenancies all the people are responsible for 100% of the rent. So your son could be liable for EVERYONE's rent if they stop paying.
  • diane***
    diane*** Posts: 57 Forumite
    Fifth Anniversary 10 Posts
    edited 14 February 2018 at 11:40AM
    yes, it seems that the young people went on trust............all ways a mistake.
    they thought that they had to sign , if they didn't then they had to move.


    what really upsets me is that this tenants who had been responsible for collecting the rents and paying the landlord prior to August , his behaviour had been becoming a problem to the landlord before he lost his job and started with the drugs and drink....


    I think the landlord anticipated problems, renaming the lead tenant responsible for collecting the rents and making them all collectively responsible, he knew before the others that this one person was unreliable because he'd had closer dealings with him.


    sure the others should not have taken responsibility for him but it think they reasonable thought it was a collective responsibility to the house , I don't think they anticipated becoming a parent to a grown man.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    diane*** wrote: »
    yes, it seems that the young people went on trust............all ways a mistake.
    they thought that they had to sign , if they didn't then they had to move.


    what really upsets me is that this tenants who had been responsible for colleting the rents and paying the landlord prior to August , his behaviour had been becoming a problem to the landlord before he lost his job and started with the drugs and drink....


    I think the landlord anticipated problems, renaming the lead tenant responsible for collecting the rents and making them all collectively responsible, he knew before the others that this one person was unreliable because he'd had closer dealings with him. - forget the lead tenant rubbish, it doesn't mean a thing.


    sure the others should not have taken responsibility for him but it think they reasonable thought it was a collective responsibility to the house , I don't think they anticipated becoming a parent to a grown man.
    They each owe 100% of the rent, how they pay it is up to them (and transferring money to another tenant is not paying the rent, and should NEVER be done)
  • diane***
    diane*** Posts: 57 Forumite
    Fifth Anniversary 10 Posts
    edited 14 February 2018 at 11:47AM
    comms .............he has been reported to the police for threatening and abusive behaviour towards the other tenants who he incorrectly blames for all his problems.


    I think going to the citizens advice for help is the best way forward..... although violence would solve the problem quicker and be more satisfying.


    if they end up in courts they will have problems in the future, how can one drugged up drunk destroy so many young peoples lives and the law be on his side?


    they did and do give my son the rent and he pays the landlord..... I think you are quite right though,,,, my son could have been the drunk and spent it ....
    lead is just the collector of the money ....... again it seems an odd way amongst strangers
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    diane*** wrote: »
    comms .............he has been reported to the police for threatening and abusive behaviour towards the other tenants who he incorrectly blames for all his problems. - and what did they do?


    I think going to the citizens advice for help is the best way forward..... although violence would solve the problem quicker and be more satisfying. - and then a conviction, criminal record and future absolutely ruined.... Why did you say that!


    if they end up in courts they will have problems in the future, how can one drugged up drunk destroy so many young peoples lives and the law be on his side? - If they end up in court and lose, and pay with-in 28 days, there will be no impact on their future


    they did and do give my son the rent and he pays the landlord..... I think you are quite right though,,,, my son could have been the drunk and spent it ....
    indeed, tell your son the rent only gets paid to the LL or the Letting agent in the future
  • If you get lucky the LL may also not realise that a joint and several tenancy means he can pursue everyone for all of the rent. I have rented under such an agreement and the LL just assumed he could pursue the one tenant who was in arrears. So fingers crossed he will allow the rest to leave and will go to court to evict the last tenant.

    At the end of the day the one positive to take is your son will not make this mistake again when signing any contract, be it another letting agreement, mortgage, loan etc. It's a good lesson to learn early in life.
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