How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

There, I'm a tenant in a London flat share. It is a sublet

Resolved Question:

Hi there,
I'm a tenant in a London flat share. It is a sublet and the leaseholder has permission from the landlord to let the rooms. The leaseholder is proving to be quite a difficult person to live with. She is currently in dispute with one of the other tenants, and it is becoming apparent that she has been the cause of the departure of numerous tenants in the past.
I have a contract with her which states that either party can terminate the tenancy agreement at any time by giving 30 days verbal and written notice. There is no minimum term. There is however a clause which states that the departing tenant is responsible for finding a new tenant for the room and will remain responsible for paying the rent even if the 30 days notice has passed.
The questions I need answering are:
1) Can the departing tenant still be responsible for paying rent once the 30 notice period is over as the contract has technically been terminated?
2) Could the departing tenant be forced to move out once the notice period is up but still be liable for the rent until a new tenant is found?
3) Where would the departing tenant stand if the leaseholder starts to become intentionally difficult in the search for a new tenant? Eg rejecting potentially suitable tenants without good reason.
Thanks in advance for your help.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear there is no minimum term and you are responsible in effect for life for finding a new tenant?
Customer: replied 1 year ago.
Hi Alex,Thanks for getting back to me.Yes, that is what the contract says. I can attach a copy if needed.
Expert:  Ash replied 1 year ago.
Well even if that's right I can't see how it can be enforced. This means you could only stay for one month and then if a new tenant is not found for two years, would be responsible for the rent for the whole of that period.As the contract is drafted you are liable until a new tenant is found. But you could certainly challenge the fairness of that Clause.It's ridiculous that you would be liable for that long or any time beyond thirty days.Can I clairfy anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for clarifying that for me Alex, its does seem completely unreasonable to me. I'll copy and past the relevant parts from the contract for you."Term: the Leaseholder sublets to the Tenant the room from Saturday **th October 2015 until the agreement is terminated by either the Leaseholder or by the Tenant. The Leaseholder may terminate the agreement by giving one calendar month’s (30 days) notice verbally and confirmed in writing, to the Tenant. The Tenant may terminate the agreement giving one calendar months’ notice confirmed in writing to the Leaseholder. The Tenant may not give notice between 31st October and before 30th February (as it is very difficult to fill the room over the winter months)"
Customer: replied 1 year ago.
"13. It is the outgoing Tenant’s responsibility to advertise the room and do all the initial interviews and room viewings. It is the Tenant’s responsibility find a suitable replacement tenant that is agreeable to the Leaseholder and other tenants. It is the Tenant’s responsibility to find a replacement tenant even if this exceeds the 30 days’ notice period and have vacated the room. This means the room has been vacated the Tenant will still paid for the rent of that room until a suitable replacement has been found."
Customer: replied 1 year ago.
My concern would be - if in theory no one was found before the 30 day period could she retain my deposit?If it is of any relevance I do not believe she has placed the deposit in an approved deposit scheme.Thanks again for your help.
Expert:  Ash replied 1 year ago.
they could, which is why it's an unfair term and clearly subject to challenge.As you rent a room then no protection on deposit is needed.
Expert:  Ash replied 1 year ago.
Does that clairfy?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, thats clarified everything for me. Thanks for the advice. It's been great.

Related Property Law Questions