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diane***
Posts: 57 Forumite
my son rented with 6 others ...strangers at first.
the landlord made them jointly responsible for the house with regards their deposit.
Some renter went some new came over the 2 years, my son was lead tenant.
one renter lost his job, took to drug/drink and theft from other tenants, noise parties all hours.
complaints to the landlord were made.
the landlord could do nothing as long as he paid his rent.
it deteriorated
The landlord said he would not be renewing the tenancy to all in February.
December my son moved out still having to pay rent until February 2018 remaining lead.
The drunken renter has not paid February's rent saying the landlord cannot make him homeless, he is very abusive, all other tenants have moved having to pay 2 rents and deposits and have suffered abuse from the drunk.
Will my son and the others be entitled to get their deposit back?
they left the house in good condition.
Can the landlord hold their deposits because this drunk is now refusing to pay rent?
the drunk is still their not paying rent , he has now been reported to the police.
it seems in law the abusive thieving drunk has all the rights as long as he paid rent no matter how difficult he was to live with.
all I want to know is will the other young people be entitled to their deposits over £5000
the landlord made them jointly responsible for the house with regards their deposit.
Some renter went some new came over the 2 years, my son was lead tenant.
one renter lost his job, took to drug/drink and theft from other tenants, noise parties all hours.
complaints to the landlord were made.
the landlord could do nothing as long as he paid his rent.
it deteriorated
The landlord said he would not be renewing the tenancy to all in February.
December my son moved out still having to pay rent until February 2018 remaining lead.
The drunken renter has not paid February's rent saying the landlord cannot make him homeless, he is very abusive, all other tenants have moved having to pay 2 rents and deposits and have suffered abuse from the drunk.
Will my son and the others be entitled to get their deposit back?
they left the house in good condition.
Can the landlord hold their deposits because this drunk is now refusing to pay rent?
the drunk is still their not paying rent , he has now been reported to the police.
it seems in law the abusive thieving drunk has all the rights as long as he paid rent no matter how difficult he was to live with.
all I want to know is will the other young people be entitled to their deposits over £5000
0
Comments
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They are most likely jointly liable for rent so yes the landlord would be able to keep any owing amounts of rent from the deposit and deduct for any deterioration minus fair wear and tear.0
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You need to confirm, but I assume
* this is a 'joint and several' tenancy, with all 7 names on the same contract
* it started on X Feb 2016 (exact date please!)
* it was a 6 month, or 12 month, contract (which?) and was regularly renewed
* the latest tenancy ends on X-1 Feb 2018 (exact date please)
If so, then
1) if all the tenants named on the latest tenancy agreement all leave on x-1 feb, the tenancy will end and the deposit will be returned to the lead tenant (less any deductions)
2) if any one of the tenants named on the contract remain 1 day longer, the ttenancy will not end and the depositt will not be returned
3) if there are occupants in the property who are not named on the tenancy agreement, they are not tenants - they are lodgers of the named tenants (and can be easily evicted by those tenants (who are their landlords)
4) if there are rent arrears, the landlord can require payment of te arrears from any on, or all, of the names tenants.
Also please note:
The LL does not need to renew the tenancy for it to continue. The LL can only end the tenancy by serving a S21 Notice, (2 months in advance) and then going to court. If he does not do this, and the tenants ) or one tenant) stay, then the tenancy does not end, and all tenants remain liable for rent.The landlord said he would not be renewing the tenancy to all in February.
See also:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
* Deposits: payment, protection and return0 -
£5k in deposits sounds very high. Did they register individual deposits or 1 jointly.0
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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.
the landlord gave 2 months notice by letter.
the contract was for 6 months , signed in August 31st it ends 1st February
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.
he had been lead tenant but that was given to my son when he became unreliable.
why are the other tenants more responsible than the landlord given he was the one who inteviewed the tenants and chose them?0 -
Because the tenants are jointly liable. The LL can happily not evict and keep collecting rent.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. - so why on earth would you sign a joint tenancy??!!
the landlord gave 2 months notice by letter.
the contract was for 6 months , signed in August 31st it ends 1st February
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.
he had been lead tenant but that was given to my son when he became unreliable.
why are the other tenants more responsible than the landlord given he was the one who inteviewed the tenants and chose them?0 -
thank you for your response, i have copied it and sent it to my son.
if they still have to pay rent after 31st January and they have all left and are paying rent elsewhere and they cannot afford 2 rents what can they do?
it is not their fault that the one person has hit kid row, he seems to have everyone over a barrel.
everyones going to end up in difficulties or homeless but the drunk drugged up bloke, the law seems to be on his side.0 -
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.0 -
how long will they have to pay for this drunk addict?
how can they get out of it?0 -
Sadly (and as you say expensive lesson learnt) this is why contracts should be read before signing and research done.
You son didn't have any recourse here. He and others will continue to be liable until all leave.
If the 'LL evict them it will be much harder for all involved to get rental accommodation in the future as it would be a poor reference. Also all involved are likely to become liable for 'll legal fees if he asks for those to be added to any claim.
Your sons house mate will be intentially homeless. The Council won't have duty of care to rehouse necessarily so he has no reason to leave until evicted. It isn't in his best interests to do so whilst having a roof under his head. Selfish but sensible in his mind.0 -
Potentially forever.how long will they have to pay for this drunk addict?
how can they get out of it?
And if they serve notice themselves, and he doesn't leave, it's double rent.
It's an expensive lesson in NOT signing joint agreements.
In reality, it's unlikely to go on for more than 3-4 months.0
This discussion has been closed.
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