To ask if anyone can advise on tenants obligations? Crisis situation

[Yellownotblue]

I’m posting for a friend. She shares a flat with another woman, let’s call her A. They are both named as tenants on the tenancy agreement.

A is having some sort of nervous breakdown. She was arrested a few days ago for causing public disturbance. She was then taken to hospital yesterday with mental health issues. She seems to suffer with paranoia and delusion, and has become very aggressive to my friend.

A was released from hospital today and went home. My friend is scared of staying in her own flat with A around, as A thinks my friend is plotting against her. As a result, my friend is finding herself homeless.

A failed to pay her part of the rent for January. My friend wants to break the lease and move out immediately, but the landlord said she needs to give two months notice. I suspect the landlord may also try and get my friend to pay A’s share if A defaults. My friend can’t afford the extra rent.

Is there anything that can be done to protect my friend in this situation? This is desperately sad and I worry for her safety.

The key phrase is "joint and several liability" which most tenancy agreements include. If it's there, she will have to pay.

Honestly though, it might be worth trying to do some detective work and contact A's family. They might be willing to help. The other thing is talking to the landlord, they might be more understanding if they are fully informed of the situation.

When did the tenancy start? Is it now expired and on a rolling contract or a further 6/12 month tenancy? Either way, get her to give immediate notice and say she needs to move for her own safety-she can also phone the non-emergency police number to make a report that she doesn’t feel safe due to erratic behaviour of flat mate. Handy back up. Shelter don’t deal with private let’s but Citizens’ Advice May be able to help.

Thank you all for the advice. Friend has already contacted A’s family. Unfortunately A doesn’t have any relatives in the UK, and with A not having a phone, it’s difficult for them to help in the short term. Ideally they would repatriate A to her home country, but I’m not sure she will cooperate (she would need a COVID test and to agree to leave, neither of which is straightforward given her mental health issues). A has no money and has been compulsively buying things online, so her family are so far refusing to bail her out.

Friend has also spoken to the landlord and will speak to him again tomorrow. I will help her give notice.

In the meantime, friend is sleeping at our place as this is an emergency and I don’t want friend to be unsafe or homeless. She has been advised not to go back to her flat alone as A is very unpredictable/incoherent.

I think we are going to have to phone the police for help, as friend needs to go back to her flat and get her belongings. She left in a real hurry yesterday.

What a nightmare for your friend. You really need the details of the tenancy to sort it out. If it's a joint tenancy or renting a room in a shared house and if it's a rolling contract or 6/12 months. Also, if you think the landlord is being unnecessarily hard work, is the deposit protected, gas certificate on place etc. If they aren't the landlord will find it difficult to enforce the contract.

@Twofurrycatsagain

What a nightmare for your friend. You really need the details of the tenancy to sort it out. If it's a joint tenancy or renting a room in a shared house and if it's a rolling contract or 6/12 months. Also, if you think the landlord is being unnecessarily hard work, is the deposit protected, gas certificate on place etc. If they aren't the landlord will find it difficult to enforce the contract.

The landlord can in most circumstances still enforce the contract it just may make a difference as to things the landlord might need to do before they serve notice

You are a very good friend

Although I wouldn't normally recommend anything illegal in this case I'd stop paying rent now if the deposit covers the notice period. I think it's unlikely that the LL would pursue your friend over a small amount.

Remember to find all paperwork re utilities she is named on, take meter readings (with photo evidence) and contact all suppliers and the council re council tax to say she's moved out.

Sadly she is very unlikely to be a priority for council housing, even emergency housing, so her best bet is to find another private let ASAP. Can you provide a reference for her?

Very sad to see how presumably this woman being stuck in a foreign country and locked down has had her MH deteriorate in this way. I also have a lot of sympathy for your friend too.

Thank you @BackwardsGoing, I believe anyone would do the same to help someone in need. Friend also has no relatives in the UK (both she and A are from the same EU country, both have lived in the U.K. for a very long time).

Good advice about meter reading, council tax etc. Lots to think about. We’re going to make a list.

As PPs have said, it will depend on the tenancy agreement and if the fixed term has expired and she is now on a periodic tenancy.

If she signed a tenancy agreement, your friend should have been given a copy. If she wasn't, that raises suspicions that other paperwork, procedures and legal requirements may not have been done correctly.

Does the property have a current gas safety certificate (your friend should have been given a copy)? Was she given a current gas safety certificate, EPC, and How to Rent booklet when she moved in? Is her deposit protected in one of the schemes? Was she given a signed copy of the deposit protection certificate within 30 days of it being protected and the prescribed information?

That doesn't affect her liability for rent or the notice periods but it would give her leverage for negotiation with the landlord if the landlord has broken the law. They could be fined for some of those breaches and, if the deposit hasn't been protected or the correct information and certificate provided within the 30 day time frame, your friend can ask for up to 3 times the deposit in compensation.

Personally, if I was the tenant, I'd move out, stoppaying and if sued, claim the lease was frustrated. Frustration of contract here might require some element of imminent danger to escape from to justify it though.

I agree with orange - if your friend isn't slapdash with paperwork but doesn't have a copy of the tenancy agreement, that strongly suggests the landlord hasn't done the paperwork correctly. I have recently started to rent out a house and so.I.joined the National Residential Landlords' Association so I could check on the paperwork required and OMG, there was a lot. Hopefully Shelter/Crisis will.be able to point you in the right direction.

I feel for your friend as my DSis had to.be rescued by her best friend from a nightmare tenancy where the owner proves to be alcoholic. That was much more straightforward though as it was just a room that was rented.

We’ve got the TA from the landlord. It’s a rolling tenancy, I will read it carefully to make sure friend gives the proper notice.

Hi all, i thought I would update as I’ve received so much valuable advice on this thread.

I went to friend’s flat with her yesterday. A walked out when we arrived, and only returned hours later (after we had gone). She seemed slightly manic for the short time I saw her. The place was an almighty mess, A has turned into a hoarder and there was stuff everywhere. We took videos. She had also rifled through friend’s stuff, emptied friend’s wardrobe etc. A had also thrown stuff (rubbish) out of the windows.

Friend grabbed all her essential/valuable belongings and we left. We’ve given notice to the landlord. A’s family have agreed to get involved and they are trying to plan how to get A back to her home country.

There are many more details that I won’t share as this is quite personal and very sad. I’ve not had many occasions to see the impact of mental health issues before, and this has been an eye opener. Three times yesterday I witnessed middle age people (2 men, one woman) break down in tears and sobs over the anguish and worry they’ve been put through as a result of A’s illness. It’s very difficult for us all to understand why she was released from hospital with no support, network, medication etc. There are serious concerns for her safety.

Anyways, thank you again to everyone for your help. 💐