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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am currently leasing a property with a flatmate. In the

Customer Question

I am currently leasing a property with a flatmate. In the beginning of december we went to fetch my Fiance's (still my girlfriend t the time) things from her flat in Belgium as she was in the process of moving back to the UK. At the time we have not decided what we would do whether she would stay with me or whether she would find her own place until such time she has found a job, and can afford it. We also discussed getting our own place together, but the problem is that I have signed a lease until september 2013.

We then went to South Africa on the 15 of December 2012 and returned on 5 Jan 2013, after which she started applying for jobs and have subsequently found one and have started working today, 4 Feb 2013. What I discussed with my Flatmate, In the beginning of January after we came back, was that she will stay there temporarily until such time that she finds a job, placing us in a position to make a decision on where we would stay.

We then agreed that we would pay 2/3'rds of the bills, etc. She also said that I must contact the Landlord, and inform him of this, and I said I would once we have made a decision(My contract ended December so I also had to find a new contract/Job). On Friday, she had a meeing with the landlord without my presence and informed him about this. He then came to see me on Saturday, told me I was in Breach of the contract and that we need to increase the rent and that I should pay £200 per month more and then my fiance could stay there. We discussed it and agreed that I would discuss with my Fiance what we would do, whether she would stay there, or get her own place.

We went to look at places for her to stay on Sunday, and I will inform the landlord as soon as we have made a decision, as discussed with him on Saturday.

My questions regarding this is as follows:

Is he allowed to put me out of the flat?

Yes, I breached the contract by not letting him know, but I also pointed out to my flatmate that she is also in breach of the contract on other things she does, which are specifically stated is not allowed in the flat. The Landlord is constantly in breach of the contract as he comes and goes as he pleases , with the set of keys he has without giving us 24 hours written notice , as stated in the lease contract. I have an email trail regarding this with my flatmate, expressing my concerns with him doing that.

What are my rights regarding this?

I get the feeling that they decided between them(my flatmate and the landlord) that we must pay 2/3'rds of the rent as well. She is freidsn wit the Landlords grandson.

How should I go about getting the contract drawn up and what should it state if she resides there, and then , if we deicide to move out, would I then be liable for half the rent or 2/3'rds until the end of the lease?

I think it would be unfair of me to pay 2/3'rds of the rent and stay in the smaller room. We already have a problem now as we have to much stuff in the room.

Any advice would be appreciated.

Will I be able to get out of the lease, keeping my crdit history and deposit in tact based on the fact that the landlord is breaching the contract?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What type of tenancy do you have?
Customer: replied 3 years ago.

It's a 1 year jont lease with my housemate

Customer: replied 3 years ago.


It is a 12 month joint rental lease on the property that was renewed on Augist Septmber last year. for a 2 bedroom flat

Expert:  UK-Justice replied 3 years ago.
Thanks.

On what basis is the Landlord saying an extra £200 is due?
Customer: replied 3 years ago.


hesays it's because the Rental price was for 2 people and now we have 3 living there, 1 in a large room and 2 people in the smaller room. He says there will be more wear and tear in the property

Expert:  UK-Justice replied 3 years ago.
Does the lease say you can't let anyone else stay?
Customer: replied 3 years ago.


It states that we are not allow any paying tenants, or anyone to reside there apart from use and no subletting, but she is not a paying tenant and it is only temporary.


 


I tried to scan the contract last night, as I do not have a copy and my flatmate came into my room and grabbed it from me.

Expert:  UK-Justice replied 3 years ago.
Thanks.

Is he allowed to put me out of the flat?

If you are in breach then what the Landlord can do is issue a default notice.

If the breach is not remedied then the Landlord can apply to the Court for possession. But the Landlord can't do this without a Court order or proceedings.


Yes, I breached the contract by not letting him know, but I also pointed out to my flatmate that she is also in breach of the contract on other things she does, which are specifically stated is not allowed in the flat. The Landlord is constantly in breach of the contract as he comes and goes as he pleases , with the set of keys he has without giving us 24 hours written notice , as stated in the lease contract. I have an email trail regarding this with my flatmate, expressing my concerns with him doing that.

What are my rights regarding this?

The Landlord is in breach by not giving notice. But the Landlord can't just increase the rent just like that.

This is a tricky one as you are in breach and so is he.

The Court may take the view that you have both not acted right and as such may take no action.


How should I go about getting the contract drawn up and what should it state if she resides there, and then , if we deicide to move out, would I then be liable for half the rent or 2/3'rds until the end of the lease?


You should see a Solicitor to get this done, but yes you are liable jointly for the rent for the remaining period. So if your flat mate does not pay, as a named tenant you are jointly liable.

I think it would be unfair of me to pay 2/3'rds of the rent and stay in the smaller room. We already have a problem now as we have to much stuff in the room.

You need to decide who is liable for what rent for what room. That is a matter between the tenants. All of you are jointly liable for any rent due.

But I dont see how wear and tear is worth £200 a month or £1200 a year - that just seems greedy.

But you are also in breach of the agreement and could be evicted - this is where the difficulty is.

I hope this clarifies.



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Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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