AIBU in thinking that you shouldn't agree to take over someone's tenancy and change your mind a month after moving in and expect the former tenant to remain on the contract?

[TenancyTroublesAgain]

NC for this. Sorry for the length!

I signed a 12 month contract with friends (students) and was looking forward to it until they both practically moved their partners in. I said I didn't want to live with any couples prior to moving in and they agreed, so I signed the contract and they changed their minds on day 1.

One of the couples didn't go to sleep until around 7-8am every day and after months of asking them to stop waking me up at ridiculous hours several times every single night, as well as not taking the piss by having their partners over 5-6 days a week after we agreed that it wouldn't be the case, I had enough and had to move out because I got nowhere by talking to them. I grew to despise the place.

We looked for a replacement and someone who a current tenant already knew was interested. 2 months prior to me moving out they agreed to take over the tenancy. I moved out at the end of October, paid half rent and bills for November and paid the entire entire admin fee to re-do the contract, and the new person moved in early November.

4 weeks after they move in they decide they're not happy with the amount of council tax that has to be paid (not a student therefore liable). Why they or the current tenant who chose to help them with everything didn't look into the amount is beyond me, saying "it's not fair". They now say they most likely won't stay and the former contract will apply with my name on it.

I discovered the new contract had been sent back and forth during this and still not signed because of some issues I'm told, so the old one is still in force with me on it despite the new person agreeing to take over, the landlord accepting them in the house as a tenant, and them paying a share of rent and bills.

AIBU in thinking this is a massive pisstake? I have been haunted by this house since I left 6 weeks ago and was desperate to get away. I've moved elsewhere and have already paid rent and bills on two places.

*stated

Ok thank you :) they haven't responded. It's been 5 days. I don't know how long is a reasonable time to wait.

However. New person left yesterday. Just like that. So the tenants are asking ME to find another replacement. This person who changed their mind was the person who they knew in the first place. I wanted a student, not someone who would have to mess about with council tax but there you go.

Ugh. :(

Op...not your circus or monkeys or whatever finding new tenant. Talk to cab. Get your deposit back but new tenant now responsible for rent.

Not your problem. Tell them it's the replacements job to find someone else. You've taken legal advice and it's not your circus. You wish them good luck in their search. Lazy bastards could have found someone by now if they got their act together! Block them if they don't back off.
You're totally fine here OP. The landlord shouldn't have let someone move on that didn't sign the contract. That's his/her problem.
On a different note you may wish to consider whom you're friends with more carefully.

Thanks :)

No reply... It's been 5 days. Should I send a follow-up email now or wait longer?

I hadn't mentioned the late protection of the deposit which potentially leaves them liable to 3 times the amount of the deposit but I will in the one I'm going to send next.

Tenant asked me today if I'm going to move back. I just laughed.

Follow up after 7 days I would say.

BTW fantastic email wording.

I'd follow up now personally. I'd give them a deadline to pay you.

I e-mailed them today explaining why exactly I'm not a tenant 'all over again', and said if I don't have my money back within 7 days I'll take it further and will also claim for the late protection of the deposit. I'm quite nervous about the reaction ha.

Will update if/when I get a reply!

LL is saying they didn't know my replacement was 17 and had they known they wouldn't have let them move in. Well I didn't know neither, the current tenant found them. And the LL was supplied their date of birth!!! Theplacement turned 18 while living there anyway...

LL has now emailed lead tenant (my friend) stating that I've asked to be removed and they said they will agree but my share of the deposit will have to be covered between them and the rent will stay the same so it will go up for all of them!! And that lead tenant has to agree to this. They will not.

I don't even know anymore.

Is the landlord saying that they won't arrange for your deposit to be returned until it's covered by the other tenants? Because that's nonsense.

Look on lbc website..there are two hours on different days offering free advice..one is property hour and the other is legal hour. good luck!

Yeah, the LL is saying that. Now the lead tenant is arguing with me. The replacement left for reasons which they should have thought about before leaving. It wasn't an emergency situation or a surprise. RIDICULOUS.

Thank you

Just keep repeating that it's not your problem and you'll have your deposit.

When I moved out of my last rented place, my contract had come to an end and the other tenant had decided to renew hers. I still found the agency coming up with some bullshit about wanting me to sign the new one 'to confirm your responsibilities' and saying they couldn't pay my deposit back and I needed to talk to the other tenant about it.

I just kept repeating that they had to repay me and I had no intention of pretending to be responsible for anything else.

I thought at the time they were ignorant cheeky fuckers, but I guess it's a commoner strategy than I thought.

The lead tenant messaged me to say they've paid their share of the internet bill (it's in my name but they said they'd take the account over last month so I changed the password for them) but because the replacement left still thinks I owe towards rent and bills again... Sigh. I've emailed the internet company to ask if they can just please shut the account down as a goodwill gesture.

The money isn't showing because it's the holidays but when it does I plan to return it with a message.

With the power of Mumsnet - please help me word a message explaining why it's nothing to do with me?!

you need to take legal advice as a matter of urgency. As far as i am aware, the original contract stands, and you are liable for the full year. Speak to a solicitor ASAP

My information might be out of date though, laws in this area change fast, but you are wasting a lot of time fiddling about without knowing what you are doing . Get proper legal advice _ it may have to wait until 27th December now, but you should have done this months ago.

@Greenshoots1 - I know it looks like that but I've been doing nothing but contacting people for the last 2 months for advice and what to do next. I can't afford to pay for a solicitor, but I have been through Shelter, CAB, Civil Legal Aid and have got in touch with a few local solicitors just in the hope I get something useful.

I will be taking it to court, if not for the late deposit protection if anything.

All advice I've seen suggests that verbal agreement supersedes my old agreement and when I left, gave the key back and someone moved in in my place and paid rent that formed a new agreement. :/ I sincerely hope this is the case.

I'm waiting to hear back from the solicitor's about their costs and hopefully it will be affordable :(

:/ I sincerely hope this is the case.

in might be the case now, that certainly didn't used to be the case, but things change, certainly there was a lot of complaint bout the law that you were responsible for the full tenancy if the next tenant moved out. Maybe it was changed.

Anyway, nothing you can do bout it these two days, have nice Christmas

There's a guy called Sonny on a fb group Beat The Banks and the Bailiffs. It's primarily a debt help group but he is exceptionally knowledgeable about housing law and tenancy disputes. Worth a try.

Thank you so much, will have a look

Have a nice Christmas!!

You don’t n Ed to pay a solicitor at all. I agree that there was offer and acceptance for the terms of the original tenancy were superseded by the new one and therefore you are no longer a tenant.

I would email your landlord, copy lead tenant in stating this, and confirm your understanding that you ceased to become a tenant on XX date and that you will be closing all utilities and service accounts in your name with immediate effect.

Contact TDS or whatever your deposit is protected with, and raise a dispute on the deposit - there should be detailed information on their website as to how to do this. A landlord must return the deposit or raise a dispute if he does not intend to return the deposit - how is it protected, as three separate deposits in the respective tenants’ names?

the new tenant being 17 is an issue you may need to deal with- a 17 year old cannot sign a legal document.

make sure when you are getting advice that this is mentioned

Have you got any legal insurance on your contents insurance (or car insurance or bank account etc?)

Cheap way to get legal advice that is often forgotten about...

Good luck - horrible situation to find yourself in

Raise a dispute quick with DPS or whatever deposit scheme you're with OP, there is normally a time limit on them acting for you. In another thread the tenant left it over three months, so the deposit scheme wouldn't get involved.