Is my contract valid

Mountainpass123 · 16 September 2019 at 1:28AM

Hi

I have a contract from August 24th which is 6 months AST. On the 3rd of September the landlord who has an AST with the freeholder was served a section 21 eviction notice. The notice is valid due to him having this property for 3 years. The notice says until November 11 is when tenants and occupiers have to leave.
The landlord says he won't give the freeholders back the property until Jan 1st....
Now. I want to just move out asap without coming into arrears with the landlord I know it's tough being landlord with many bad tenants but I am reasonable and will pay what I owe however. My landlord is a little bit of a get what he can kind of guy I believe.
My question is is my contract valid based on these 3 points.
One. I have a 6month contract yet he only is available to let me rent to January 1st?
Two. The freeholders turned off our hot water for 1 week now and we have asked both the estate agent and landlord to fix and they sent a plumber twice I believe and still it's not working with no explanation why.
Three. This section 21 eviction notice states the tenancy will end on novber 11.

All I want to do is give a months notice and pay him the months rent and leave. My contract States that within the first three months I cannot leave and will need to pay the tinder of the agreement if I do. There is no deposit just had to pay 200 pounds to secure the room which I don't get back but I pay 200 pounds less on the last months rent.... Yes I know many alarm bells but I'm a fool and will just rent normally again from now on.
So my next rent due date which is a months rent Ina dvamce i.e the rent I paid on the 24th August is rent until septber 23rd. So I want this to be my last months rent and move out on the 23rd of october.
What is scaring me is I asked the agent to change my contract to rolling on Friday. He said no problem he will send it over on Monday ie today. But then on Saturday morning the landlord text me and said that I must pay until the end of the rental term....I don't want to lose out and don't want him to lose out so I believe if I give notice from next week to leave October I should be allowed to leave. Can someone stop me from worrying. Thanks

Cakeguts · 16 September 2019 at 10:13AM

https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/rights-of-subtenants-who-do-not-live-with-their-landlord/

https://england.shelter.org.uk/legal/security_of_tenure/subtenancies/legality_of_the_subtenancy2/subtenancy_assured_and_assured_shorthold_tenant

I am not sure if your landlord still has an assured shorthold tenancy if they no longer live in the property.

theartfullodger · 16 September 2019 at 11:18AM

You have an entirely legal AST with YOUR landlord. However he may be unable to deliver the service (eg water cut off..). As such you may have a case against him & could sue: But would you collect any £££ from him? Doubt it..

In your shoes I'd just leave ASAP & grass the t*rd up to the benefits agencies...
https://www.gov.uk/report-benefit-fraud

& to HMRC tax-man...
https://www.gov.uk/report-an-unregistered-trader-or-business

G_M · 16 September 2019 at 1:12PM

You say you rent a room - is this an HMO?

Does your landlord also live in the property?

The £200 is a fairly common arrangement (if somewhat pointless). It is rent. So in your final month you pay £200 less than the monthly rent.

If you do indeed have a 6 month AST, it expires on 23rd Feb, so strictly speaking you cannot leave till then without your LL's agreement, and he cannot evict you till then either.

However, since he himself is being evicted, he cannot fulfill his contract to you. Either the contract between him and you is 'frustrated' (impossible to fulfill and therefore null and void) or he is in breachof contract - in which case you can claim your consequential losses from him - eg costs of moving early, any costs associated with applying for a property elsewhere.

The ideal soluton of course is to reach an agreement with the LL. Always better than unilateral action and subsequent disputes. Can you meet him for a face-to-face chat rather than email/text?

But if your LL will not compromise, you could risk simply paying the rent on 24th Sept less £200, along with notice, and leave on 23rd Oct.

The LL could, of course, sue you for the rent to Feb, though it is doubtful if he would.

Especially if, as artfull points out, you suggest contacting HMRC .....

Out of interest

* who pays council tax? utilities?
* were you given a gas safety report? EPC? Gov leaflet?
* did your LL complete a 'right to rent' check on you?

Mountainpass123 · 16 September 2019 at 1:50PM

Hi guys thanks for the replies. To answer the questions I don't know if it is hmo. I don't know who pays the council tax and bills but the landlord said he ordered a new router so I am assuming he does. No gas safety report no epc and no government leaflet. And no check on me.
Landlord does not live with the tenants. As for meeting him face to face. All 10 tenants in the 4 flats met with him once face to face and he was very very hard to ask direct questions and when he did he spoke so much that you forgot what you wanted to ask etc. No one got anything but angry words to the free holder from him basically.

theartfullodger · 16 September 2019 at 2:32PM

He'll be a tax cheat then..

Do you have an address for him that is not the property?

G_M · 16 September 2019 at 2:48PM

Mountainpass123 wrote: »

I don't know if it is hmo.

How many flats?
Each flat, how many tenants?
Are those tenants all separate households ie unrelated as opposed to families/couples
Check youlocalauthority website to see what criteria they use for compulsory HMO registration

I don't know who pays the council tax and bills

What does it say in your tenancy agreement?

but the landlord said he ordered a new router so I am assuming he does. No gas safety report no epc and no government leaflet. And no check on me.

Report lack of gas report to HSE here.

Report lack of EPC to local Trading Standards (see also here)

Report lack of leaflet to local Trading Standards.

If LL is not /may not be declaring the rental income to HMRC, that's tax evasion.

Mountainpass123 · 16 September 2019 at 3:27PM

Thanks so much! Agree sounds very dodgy and I should have asked questions. I'll check my agreement after work again. It just says all bills included.

I believe 4 flats each with 3 rooms and each person has separate contract. No one knows each other etc. Using an external agent

G_M · 16 September 2019 at 3:50PM

So for each flat:

Your property is an HMO if both of the following apply:
at least 3 tenants live there, forming more than one household

toilet, bathroom or kitchen facilities are shared

A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.
Licences

An HMO must have a licence if it is occupied by 5 or more people. A council can also include other types of HMOs for licensing.
Find out if you need an HMO licence from your council.

Mountainpass123 · 16 September 2019 at 4:10PM

I see so it is a hmo then. And requires some form of certificate? Thanks my lord this thread is so hopeful and helpful

G_M · 16 September 2019 at 6:21PM

Mountainpass123 wrote: »

I see so it is a hmo then. And requires some form of certificate? Thanks my lord this thread is so hopeful and helpful

Not necssarily.

Yes, it is an HMO.
Perhaps it is a licenceable HMO.

An HMO must have a licence if it is occupied by 5 or more people.

None of the flats have 5 or more people.

A council can also include other types of HMOs for licensing.

So it depends on the local council's policy. Which you can check here:
Find out if you need an HMO licence from your council.

PLEASE READ BEFORE POSTING

Is my contract valid

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