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Legal matters

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Original poster

Issues with moving out of rental property

16 replies

Kn1ttedWaffle · 13/08/2013 20:07

Hi, I hope there's someone about who can help.

My brother is living in a shared flat at the moment. It's awful - the agents never bother sorting anything out, there's damp, the above flat had a leak that came through the ceiling and it wasn't repaired for ages. Just a nightmare.

He has been offered a room in a flat owned by a friend's dad. No deposit, newly refurbished, cheaper. Great, he'll take it.

Landlord has basically said he is liable for the rent until someone else moves in!
He's on a standard 6 month tenancy followed with rolling one month contract as far as I know.

His flat mate is not a friend, just a random person who lived there before he moved in and she is pissed off that he's moving out and has basically supported the landlord and said finding someone is up to you, I'm not going to help (obviously she knows it will be hard to find someone as the flat isn't in the best of repair)

My brother is really worried now as he can't afford to pay two lots of rent. I can't see how this can be the case as how would anyone ever move out? Surely just over one months notice is ample and the rest is up to the agents/other tenant?

Any advice welcome.

OP posts:

PeppermintPasty · 13/08/2013 20:12

The landlord is trying it on. You are right. On a standard assured shorthold tenancy your bro needs to give one months notice. All the rest is a crock of shit. (that's a legal term )

LynetteScavo · 13/08/2013 20:13

"He's on a standard 6 month tenancy followed with rolling one month contract as far as I know."

This. As long as he gives one months notice he will owe them no more money.

But he should be weary of moving into a flat where they ask for no deposit. Almost all landlords ask for some sort of deposit, even if they are god friends.

BrokenSunglasses · 13/08/2013 20:15

How far into the six month tenancy is he?

tribpot · 13/08/2013 20:15

So he's been there for more than 6 months? Does he remember signing up for another fixed term?

I'd have a word with Citizens' Advice.

PeppermintPasty · 13/08/2013 20:20

Ah. I should qualify the above as it's not clear whether he's rolling on from month to month and has passed the first fixed term (I assumed he had passed the fixed period). If he's now on a month by month periodic tenancy it's a month. BUT if he's still in the fixed term his landlord can insist on him paying the rent.
Typical bloody lawyer-I should've clarified that.

justanuthermanicmumsday · 13/08/2013 20:20

contact council environmental health department. Damp mould is a health issue. Often landlords will try t blame tenants claiming they don't air the property. But most ppl open their windows and don't clog up all the heaters with wet clothes or create such steam cooking to create mould. It's a building issue, landlord should sort it. Or even better if he gets this pressure he may decide to let you cut your tenancy short.

But bear in mind you get references from agency or landlord which could go against you when you want to rent another property ie they cold give you harsh negative feedback.

If he's got a written agreement I'm afraid he has to do the 6 months tendency or if thelandlord is agreeable he could charge him no more and let him go with notice. but this landlord sounds like an arse. Greedy and selfish I bet he/she wouldn't have their own kids live like that, but tis ok to subject others to these conditions for a bit of money.

Original poster

Kn1ttedWaffle · 13/08/2013 20:23

Thanks for the responses - especially the very useful legal term 'crock of shit'!
I'm going to ring him and check he's been there for longer than 6 months (pretty sure he has). What would happen if he is still in the first 6 months?

OP posts:

LondonJax · 13/08/2013 20:23

If he's still in the six month period then, unless the landlord agrees to let him break the contract, he has to pay rent until that fixed period - the six months - becomes a periodic contract, a rolling contract. Or he has to find a tenant who will take over his rent. If he's gone past the six month fixed period and is now in the periodic phase - where he has to give a month's notice then the landlord is talking out of his proverbial. One month's notice from the date the rent is due is enough. Definitely one for CB in that case.

Original poster

Kn1ttedWaffle · 13/08/2013 20:27

Just spoken to him and he's been there over a year but hasn't signed anything since the first 6 month tenancy agreement (which he can't find, of course!)
Does this mean it just sort of falls into a rolling one month thing by default?

OP posts:

Original poster

Kn1ttedWaffle · 13/08/2013 20:32

Crossed posts.

Thanks for that. I thought it was the case but am glad I checked with you legal bods on here!
The house he's moving into is shared with his friend's son and another friend (they've all known each other for years and his dad owns and rents out lots of properties which is why he doesn't want a deposit)
Hoping he's landed on his feet here as he only took that flat as a last resort when he split up with his partner and had to sell the house and it's been a nightmare!

OP posts:

PeppermintPasty · 13/08/2013 20:36

Yes. It's a periodic, or month by month tenancy/contract. So the notice is a month and I can safely reinstate the "crock of shit" comment

PeppermintPasty · 13/08/2013 20:37

Oops. X post !

Original poster

Kn1ttedWaffle · 13/08/2013 20:47

He's just had this email from the agents:

'Thank you for your email - just to confirm receipt and to ask you to both sign a letter confirming that you wish to leave and that will be staying on and finding a new applicant - and if you could then post or drop this into me that would be great.

As I previously explained you and will remain liable for rent under the current tenancy agreement until a new tenancy is signed.'

What does this mean? Surely it just means his flatmate will have to sign a new agreement with or without another person when my brother moves out?

OP posts:

OldLadyKnowsNothing · 13/08/2013 21:18

Your brother doesn't have to do anything except move out at the end of his notice period. Did he have to give a deposit, and is this properly secured in an approved scheme? Ll sounds very dodgy, the agent is as bad.

PeppermintPasty · 13/08/2013 21:28

I agree.
If this is a joint tenancy then the agent is wrong anyway. A joint tenancy comes to an end when one party gives valid notice unless it's still within the fixed term which isn't the case here. I can't believe the agent!
I recommend your bro looks at the Shelter website on the legal/advice pages. IMO they have one of the best and clearest websites for advice.

Original poster

Kn1ttedWaffle · 13/08/2013 21:46

Phew! Thanks for getting back to me. The wording is so ambiguous.
Apparently the last tenant got suckered in and even though he was on the rolling month contract he continued to pay the rent until my brother moved in!
The LL lives abroad and doesn't have anything to do with the property but the agents have been shockingly bad, apparently. His deposit is in one of those schemes, thankfully so he should get that back.
It's such a shame to see that there are still so many unscrupulous companies out there (I remember being ripped off many years ago at university) despite there supposedly being things in place to protect tenants.

OP posts:

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