ASK SHARON

Selling rental property

We have put our let property up for sale - our tenants are aware of this and have not complained since we have given verbal assurances that we will give them at least one month’s notice as soon as we have a buyer. The six month tenancy runs out at the end of September. How can we document this?

Just a letter confirming that the original tenancy has expired and has therefore converted to a statutory periodic tenancy from the date of expiry, to run on month by month, should be sufficient. Just as a point of interest (and law) – your tenants have the right to 2 months notice – if they are happy with one month, fine, but should they be unable to find alternative accommodation and approach the local authority, they will be told this is an illegal eviction.

The guest pays the food bills and contributes towards other running costs but my tenant assures me he receives no rent because he is aware he cannot sublet. The tenant has been advised that this situation cannot continue indefinitely and my preference is for a joint tenancy agreement to be drawn up. Is this the best way to legalise the position for all parties and is there a limit to the rate of rent increase I am allowed to imposer to reflect two persons living in the property?

This is quite interesting but also tricky. My feelings are that there is a rent for a property, based on facilities, size etc., but not necessarily on how many people are living there. For example, in the area I am familiar with, a rent of £100 per week would be standard for a two bed property. If only one person takes it, then the rent is still £100. Local Housing Allowance will only pay £80 for one person, but that is irrelevant to the rent the landlord wants.

Unless you feel the rent you charged the one tenant was discounted because of the fact it was sole occupancy, I do not see that you can ask for anything more than a standard, cost of living increase which your original tenant should expect after more than a year. The additional costs associated with two people living in the property are being met through increased utilities charges.

The arrangement the tenant has made with the lodger may not be “rent” as we know it, but I think a court may believe that it constituted rent anyway.

This is unfortunate, as you cannot legally regain possession at this stage, without the tenants agreement. I think the best thing you can do is discuss it with the tenants honestly. Tell them the options you have, explaining that the worst scenario is that the property will be re-possessed which will leave them homeless anyway.

The steps you are prepared to take, with refunding the deposit, a month rent free, excellent reference to the next landlord, may be sufficient to persuade them to move out voluntarily. If they are not prepared to leave, I really do not know what you can do. I think the fact your friend gave them a two year tenancy makes it worse – they may have felt they were settled for quite a lengthy period. Negotiation is your only option. Is it worth speaking to your mortgage company, to see if they will allow any leeway with the discount mortgage rate, though I know in the current financial climate, that may not be an option. Best of luck with your tenants.

Flexible notice

My Tenant gave one month written notice, but stated that this may need to be extended as she may not be ready to vacate by then. Her tenancy dates run from the 27 to 26 of each month and the rent is paid calendar monthly.

She did not vacate the property on the 26 May and actually vacated on the 9 June and therefore extended her notice into the next rental period.

Am I therefore entitled to charge her for the whole month (27 May to 26June) or is she only liable up to 9 June? It's just that it seems unfair as we didn't have an exact move out date and we had a tenant to move in who was then put off as we couldn't give an exact date to move in.

It depends how long it took you for a new tenant to move in. If they moved in before 26th June, then she was liable for the rent to that date. If it was later than that, then you are entitled to the full month, and could even claim to the date the new tenant moved in, though you may struggle to get it.

When she did not move on 26 May, I think you should have asked her for a new months notice and then there would be no argument. Tenants must realise that the law protects both parties and putting it in writing and then not acting on it negates the notice given, in my view.

Also, I understand that as the property will have only two occupants and I therefore don't need a landlords licence and can just rent on the basis of being the landlord and us all having a tenancy agreement. Is this correct?

Lastly, I need to have the electrics and gas appliances tested and signed off with a landlord’s certificate. Is this correct?

A 17 year old cannot be bound by the terms of a tenancy agreement as she is not of a legal age. I cannot see any reasonable option for you. Were you letting to someone of 17 unconnected to you, you would ask for a guarantor who would sign the agreement, stating that the property was the residence of ................only. Clearly, you cannot do this.

No, you do not require a licence for two occupiers though it would still count as a House in Multiple Occupation.

You must have the gas appliances and system inspected by a Corgi registered tradesman. This is a statutory requirement and must be done annually. There is not, at present, a statutory requirement to have the electrics checked, but it is good practice and, of course, you would want to ensure that your daughter was safe. If you have it done, it won’t be needed for a further five years.

Gardening

I am new to letting out property and have a query in regards to gardening. Who is responsible for the general upkeep of the garden, from lawn mowing to weeding? If it is the tenants’ responsibility, whose responsibility is it to provide the gardening equipment from lawnmowers to gardening shears and digging equipment?

It is generally down to the tenants, and should be included in the tenancy agreement. I think the upkeep of the garden must be discussed fully at the start (or even before). If you are letting your property unfurnished, then your tenants obviously has been established before, so may have the appropriate tools. If you are letting it furnished, then your tenants may not have the means to buy their own tools. Also, I have not seen your garden! Did it used to be your pride and joy? If so, and it must be with the tenant’s agreement, you may feel easier looking after it yourself. If the worst comes to the worst, it may be better providing the cheapest lawn mower than giving the tenants an excuse not to look after the lawn.

I am afraid you cannot use this type of tenancy agreement – the feeling seems to be that a tenancy attracting this amount of rent does not require the protection afforded by an assured shorthold tenancy. I would advise that you seek the advice of a specialist solicitor in drawing up an appropriate agreement.

Many tenancy agreements for 12 months state that the tenancy is for a period of twelve months less one day and I wondered what the ramifications of this are?

Also I now wish to grant a tenant an 18 month agreement with a one way break clause after 12 months for the tenant. How is best to proceed i.e. type of tenancy agreement.

Thank you for your kind comments, it is nice to hear that I am providing what landlords want.
The tenancy agreement length is very interesting. I believe that the ramifications are that it is important that the tenancy does not go into another rental period. For this reason, when advising landlords, I usually advise that they use months and dates, so: one year tenancy issued, beginning 1 January. I would write on the agreement that it commenced 1 January, rent payable on 1 of the month, tenancy to end 31 December. A s.21 notice would be issued 1 November, to end 31 December and a court order would be applied for after 31 December.

I think the other point, about an 18 month tenancy, seems unnecessarily complex. I would be inclined just to do a 12 month one and then let it run on, if the tenants did not wish to break it. However, an 18 month tenancy could be issued, with a clause added (it can be a different sheet, provided it is attached and you and the tenant both signing) stating that after 12 months/one year, the tenant can exercise the break clause. However, what is actually in the agreement only counts if there is likely to be a dispute. As you have already agreed that the tenancy can be broken, do you really need it? Hope that makes sense.

Additional signatories

A tenant to whom I would like to rent my property has a poor credit rating. Would it benefit me if I asked his parent to sign the agreement or not?

Provided he is over 18, he should sign his own tenancy agreement. What I would definitely do is ask his parents to be guarantors. Get a good deposit (you can ask for up to two months) and protect it, of course, with one of the Tenancy Deposit Protection schemes. If the parents stand as Guarantors, make sure they have the means to pay, should you find your tenant leaves arrears or damages. They should be home owners and be in full time work. To be honest, I would generally be cautious about a tenant with poor credit references, but you say you would like to rent to him, so presumably he has impressed you that he will be a good tenant.

You can write in what you want, but include rent, when you are likely to want it increased (i.e. annually), what payment arrangements are, how much notice you can give, what is included in the rent, how you cover payment of bills (is it included in the rent or are you going to split them), specify the rooms he has access to, whether there is any facility for him to have overnight guests or whether that is forbidden. There may also be specified prohibitions, like no smoking, no pets etc. I would always recommend that you ask for a deposit, a month seems to be the norm.

One of our agreements actually expired last November: has this already been automatically converted, or should we propose another six month agreement starting now? We've seen one agreement drawn up for another landlord who says it 'intends to create an assured shorthold tenancy' and yet the term is 'for a period of six months and thereafter monthly until determined by notice in writing from either party'. Is this kind of hybrid agreement legal? If so, does it have any disadvantages from a landlord's perspective?

Any tenancy which is for a fixed period and ends, but continues without a new agreement, automatically becomes a statutory periodic tenancy. The way I always used to explain it is that if I was a landlord, I would be quite happy with statutory periodic tenancies, as it would mean I would only have to give two month’s notice and could recover the property. If I was a tenant, I would want greater security than a periodic tenancy could offer. It is worth discussing with your tenants, whether they want agreements every six months (or perhaps every year after the tenant has lived there for six months and there has been no problem). I think the agreement you mention is OK, but the wording is unnecessary as it automatically converts. Can’t think of any disadvantages.

The landlord can issue an AST for up to seven years, I believe. However, I would never advise a landlord to issue a tenancy for that long. Six months to start and then a possible 12 month renewal, or allowed to converted to a statutory periodic tenancy and run on, but not such a long AST - the reason being that a tenant is difficult to evict if they do not do anything really bad in the tenancy, like lengthy rent arrears.

Also, the landlord may decide to sell the property or want to move a relative in, which would be impossible if a tenant has a degree of security for rwo or three years.

I own a property that I have just let out. The agents I am using have suggested as a term of the contract my tenants must have contents insurance. Is this an acceptable thing to do? Can the tenants object and indeed not take the insurance out?

I think it makes good sense to have this, and as it protects them more than you, why would they object? Anything you have in the property should be covered by your own insurance, so carpets, curtains, any appliances etc. However, if they choose not to insure, how would you know? If you discovered it, you would probably not be able to evict on that ground, as it would be discretionary. A court is unlikely to feel that it is reasonable for you to go for possession on the basis that they have not done something which safeguards their own valuables. Just a thought – the insurance would not have to come from a company which the agent receives commission from, would it? If there is any connection, it is even less likely that a court would find in your favour and may find it was an unfair contract term.

Ignoring terms

I have a property let through a letting agent.

My tenants have not asked my permission to hang pictures, install sky, change some of the fixtures, as in change and add net curtains etc. Some of these have damaged the exterior of my property.

I was under the impression from my contract drafted by my letting agent, the tenants needed to get permission from me beforehand. Obviously this is not the case as my letting agent has said they can do whatever they want as long as they make it good at the end of tenancy. Is this right?

What is the point of having a contract? It does not sound as though the contract is worth the paper it is written on and is more to protect the tenant as opposed to the landlord.

Is there anything I can do? They have signed a two year tenancy with a break out clause after 12 months. They have only been at the property for three months.

Also the contract says no pets, but on a recent visit fish have appeared. Are these classed as pets? Again should they have said anything to me?

Your agent seems remarkably cool about tenants doing things they should not – his experience should tell him that the likelihood of the tenants doing what is required to put the property back in order at the end of the tenancy is quite low. I would prefer that six month tenancies are given, with the option of extending.

I think you are tied to these tenants. Check the agreement – does the break clause apply to both sides, you and the tenants? Often it is the option for the tenants only, but if you can break it, tell the agent that the contract will not be continued after one year unless you are satisfied that certainly the external damage is repaired before the renewal date.

I have to say though, that I would be very surprised if you can break after one year, as the ground you would be using is section 21, if there is not another available ground, which would be difficult when on the face of it you have a two year contract.

The contract is meant to apply to both parties, but it is very difficult to obtain possession on the grounds you have mentioned, in that breaking the terms of the agreement other than rent arrears, is a discretionary ground and would require a court to feel that it was reasonable for you to want possession. Net curtains may seem not very reasonable, particularly if they go to court and say ‘We were committed to this tenancy, it is for two years and we wanted to guard our privacy/hang pictures, make it into a home’. I think you are going to have to bite the bullet and leave it to the agent.

I thinkit would be stretching it a bit to say the tenant has broken tenancy agreement by keeping fish. If your tenant went to Trading Standards, they would almost certainly say this was an unfair contract term. Dogs and cats leave hair, possibly odours and maybe even worse. Fish cannot come into the same category.

Cooling off period

I had a room available for rent and a guy came round to view the room, liked it and we signed the contract which specified the minimum tenancy would be three months.

He didn't give me any money and said he would give me the deposit and a month’s rent in a couple of day’s time. But he rang me later and told me he had changed his mind and didn’t want to move anymore. So, although we signed the contract, he hasn't moved in, doesn't have the keys and hasn't given me any money.

Is there a cooling off period after signing a tenancy agreement? Does he have to honour the contract?
People like you or I would say this was a contract and would feel bound by it. Unfortunately, he clearly does not. Even with an assured shorthold tenancy, there is no cooling off period, and even if an agreement is signed, most landlords appreciate that if a prospective tenant changes his mind, there is little they can do about it, though some may keep a week of the deposit to cover re-advertisement costs or loss of rent.

Even after the tenant has moved in, if he changes his mind and moves out, the only way a landlord can be recompensed for failure to keep to the contract is via the Small Claims Court, but even that is unlikely to result in compensation. It is far more likely the landlord would have to provide proof of what he has done to get a new tenant, obviously no compensation being payable when a new tenant moves in. So sorry, I don’t think there is a lot you can do.

Position as guarantor

I helped a friend by acting as a guarantor on a 12 month tenancy agreement at £ 330 per week with a break clause at six months with one month notice. After exactly five months minus 1 day, I asked the estate agent acting for the landlord if I could break the tenancy agreement as a guarantor. Their answer was a very clear ‘yes’ and no ‘buts’. So I did. Then two weeks later the estate agent came crawling back saying it was all a misunderstanding and the landlord did not accept it, claiming that the landlord said only the tenant could invoke the break clause. Obviously I disagreed, pointing out the advice they gave me. It is now two months later and we have not had any formal conversation about this.

The contract clearly stated that three parties were involved and signed the agreement and that each party could break at six month given one month’s notice.

If this came to court what would be my chances?

I really would have to see the agreement to give any kind of advice on this. However, I would generally say that unless the agreement clearly indicates otherwise, a tenancy agreement would be between a landlord and tenant and that the guarantor is not, strictly speaking, party to the tenancy. I think you need to discuss this with your friend. I think (and as I say, without the agreement I cannot be certain) a court may feel that the break clause was to benefit your friend and that you had agreed to be a guarantor for a 12 month tenancy.

What sort is needed?

I have just bought my first property in London. It is a furnished flat that I am going to let. What kind tenancy agreement I need? Is the one they sell in WH Smith good enough to use? Would that guarantee my rights as a landlord?

Yes, this should be quite adequate. Your local landlord’s scheme/accreditation scheme may also provide a tenancy agreement, or you could download a free outline tenancy agreement from this website. Whichever route you chose, I would advise that you read the agreement carefully and add any clauses need to cover anything that has been omitted but is needed in your own circumstances – for example, the right to make regular inspections; the requirement that notice be given when the tenant intends to leave the premises empty for longer than 14 days, the right to end the tenancy in the case of suspected abandonment by serving a 28 day Notice to Quit; agreement that any goods left in the premises after the expiry of the tenancy will be kept for seven days and then disposed of; and confirmation that anti-social behaviour will not be tolerated.

Change of heart

Providing all sums paid to date are refunded, can I as a landlord go back on a signed tenancy agreement before the prospective tenant has gained occupation?

For a contract to be effective there must be an offer, an acceptance and an exchange of value. So if a tenancy agreement is offered, accepted and money accepted, there is a legal liability in place on both sides – after all there is a rental liability from the date the agreement starts.

Tenants may have invested time and money in finding a suitable let. So simply saying sorry is unlikely to wash. Unless the tenant agrees for some reason (a financial incentive perhaps) to accept cancellation of the agreement than I think he or she could argue that any attempt to stop him or her moving in amounts to an illegal eviction.

Last week I conducted viewings with prospective tenants, with the current tenant present, and he stated that no viewings can take place without him being there. The property is completely empty and he is now living elsewhere so I feel that this is unreasonable.

I have more prospective tenants lined up to view, however the tenant works nights and is not always available (in fact telling me that no viewings can take place until next week, at a time to suit him) he is adamant that as he is still paying rent, no one can enter the property.

I would like to know what my rights are. The tenancy agreement states that that the tenant should: ‘permit the landlord or the Landlord's agents at reasonable hours in the daytime within the last twenty-eight days of the tenancy to enter and view the property with prospective tenants’.

I have never come across this before, and usually tenants allow us to show people around whilst they are still living in the property with it fully furnished.

Could you please advise of the best solution, I have tried ringing the tenant but he will not answer the telephone. I sent him a text advising that we cannot put off viewings until Monday, and he texted back saying we could not enter.

This seems to be the week for awkward tenants! I am in total agreement with you – this is unreasonable. However, agreeing with you does not really help the situation as the tenant is still paying the rent and is choosing to be obstructive. Although the tenancy agreement he signed does say that viewings should be allowed, he has nothing to lose now by refusing to allow it. Is it worth the unpleasantness if you decide to let people view it without him? He could certainly allege that this is harassment, if he takes the matter up with Shelter or a Housing Aid organisation. I would try and talk to him and see if you can reach some kind of compromise, but if not, bite the bullet and wait until his tenancy is over.

Over the years, the original group of tenants has changed one by one, and by now none of the original group lives at the property – each time a tenant has left the remaining tenants have found another suitable person.

This means I have not entered into a written contract of any kind with any of the current tenants.

Recently, one of the tenants left, giving one month's verbal notice as has been the pattern over the years. Previously, in such situations the remaining tenants have continued to pay the full rent for the house, even if there have been less than the five maximum tenants in occupancy at any given time. At present, two of the remaining four tenants have been at the property for over a year, and two others have been there for nine months.

With the prospect of yet another new tenant arriving, I feel it would be useful to formalise my agreement with the current set of tenants. Can I do this with a statutory periodic tenancy, based on the original tenancy agreement dating from 2001, or do I need to provide them with an assured tenancy? Although I am more than happy to give the tenants two month’s written notice of requiring the property, I would like to avoid giving them an assured tenancy as I am currently undergoing major changes in my personal life and may well wish to recover the property before the end of a six month term.

You cannot, legally, recover the property before the end of a six month term. The only tenancy that you would be advised issuing would be an assured shorthold tenancy; you can issue this for any period, three or four months, but there is no point as you cannot recover possession unless the tenancy has run for more than six months. The current situation is fine, but should you wish to evict because you want the house back, you would need a ground as you could not serve a section 21 as the tenants there now are not listed on the tenancy agreement – you must have a tenancy agreement with your tenants’ names to use a section.21 accelerated possession procedure to evict.

I think the best thing you can do is issue a six month tenancy to your tenants and hope that if you have to get possession before the end of six months, they agree to it.

There is a legal process for raising the rent – if the tenancy agreement does not specify that rent will alter on the anniversary or every one or two years the landlord should complete the form ‘Landlord’s notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England/Wales (see Residential Landlord, landlord forms) giving one month’s notice. If this process did not happen, you were not liable to pay an increased rent.

As they had specifically asked to be notified of the sale, in order to consider it themselves, I think they might be advised to discuss this with a solicitor – many will give a free or cheap consultation and they would know whether there was any case to answer. Generally speaking, I would not expect a tenant to have any rights over the sale of a property, other than those provided by law that as Rent Act Protected tenants, they have the right to remain in the property. The difference with your parents, if there is one, is that they had felt they were in a position to purchase and would have liked first refusal, but were denied this opportunity.

When it comes to rent increases, they have a right to be given notice and to appeal to a rent officer if they believe the rent being asked is not fair.

Unsigned AST

I have a property and inherited a tenant upon purchase. I have been receiving rent based on a six month assured shorthold tenancy which, however, remains unsigned. Is the unsigned AST binding as I now wish to take possession of the property and I am unsure how I stand.

Collecting rent on a regular basis means you have enforced the original tenancy agreement, not creating a new tenancy. If that agreement was entered into before 28 February 1997 you may use a s21 Notice Seeking Possession. The fact an agreement is unsigned will make little difference as a tenancy was created by the acceptance of rent.

It is now four months later and I wish to leave. I have been told that I need to give two month’s notice which is what I would have needed to give during the tenancy period. It contains no reference to notice periods after the contract has ended and both my landlady and I understood that I only needed to give one month’s notice.

I had been having a few problems with my neighbours who were also renting from the same letting agent and was not taken seriously. I now believe that the letting agent will try to withhold my deposit if I do not give two month’s notice.

Both my landlady and I are unhappy with the service the agent provides. Do I need to give two months notice and what do I do if they try to withhold my deposit?

Be pleasant but firm – in civil law, you are not required to give more than one month’s notice and even though you agreed to two months under the agreement, I think the letting agent would find difficulty, even with the agreement, to hold you to what could be seen as an unfair contract term. Take the agent to the small claims court if it tries to withhold your deposit, and complain to its governing body.

Mice mayhem

With my partner I signed a six month tenancy agreement to rent a flat. Since, we have had loads of problems with the landlord and the property, the latest being that the flat has become infested with mice.

Before this, we had intended to stay on as tenants and renew our contract and were told by the landlord that we could do this by giving him a letter at the end of the tenancy explaining that we wished to continue renting on a periodic basis. Now, of course, we simply wish to leave.

It states in our contract that we have to give a month’s notice before leaving, so for that reason the landlord says he can keep our deposit. My argument is that the reason we want to leave so soon and are unable to give a month’s notice is because the mice problem got worse and the property is not in a habitable conditions. We reported the mouse problem and the landlord who simply told to contact the council – although I believe he should have dealt with the problem himself.
Another problem was that I had a chest infection caused by dampness in the property. We had radiators but the gas fire was not serviced by the landlord so we didn’t use it - the landlord was advised by his contractor but never actually had it serviced.

I am very annoyed and feel cheated of the deposit because we are only having to leave so soon because of the conditions of the place.

Is there anything we can do - such as report the property, and do we have any rights in this matter concerning the mice? The landlord also made what I consider to be racist remarks and wonder if this is something we should take up also?

If you consider that the landlord has racially abused you, you must report it – it is a crime. Speak to your local authority which may be able to assist you to take action.

I agree, the landlord should have taken steps regarding the mice, but having said that, if he is too idle, then do it yourself. Speak to Pest Control. Mice are fairly easy to get rid of and there all sorts of things you can buy yourself which can help.

The condition of the property sounds disturbing and well worth reporting to Environmental Services. If they agree with you about how bad it is, you have a good case to make in the small claims court should the landlord refuse to return your deposit.

Consent to let?

I own a leasehold studio flat and the company that I pay ground rent to has issued me a letter saying that I need their permission to let out the flat. It has also included a bill of £117.50 for administration - checking to make sure that my insurance is valid for letting. It also wants to know what kind of tenant I have in there. I've never heard of needing permission to let a flat from the leaseholder before. Am I obliged to give the company information about who it is that I let to? Surely that's none of its business?

The other thing is, at the moment, all the flat owners in this converted house (there are four units in what used to be a large house) get their insurance through the freeholder’s broker. The premium is for the entire property and the four of us share a quarter of the whole amount. Do I have to go by that or can I look for my own insurance?

You should check your lease both about your right to sub-let and also what it has to say about insurance. It is likely you will require permission to sub-let from the freeholder. You will also need consent from your mortgagors.And you will also need to ensure that your insurance company has no issue with you letting the property.

Informal sub-letting arrangement

I have been renting a property in Scotland for nearly two years. In the first year I had two six month tenancy agreements after which there was a verbal agreement with the landlady who was happy for me to stay as long as I wanted. I also agreed with the landlady that I was responsible for the property and I was allowed to let the other two bedrooms as long as the property is kept in clean and tidy condition.

I have recently got a new house mate and she wants a six month contract for her own peace of mind, but I am concerned that the landlord could decide to sell the property and issue me two month’s notice.

What would you advise I do with regards to sharing the house with others and also ensuring that I do not inadvertently break any laws even though the landlord agrees to me sub letting?

I think you will have to ask the landlady to issue your sub-lessee with a tenancy, or confirm in writing that she is happy for you to sub-let. As you only have two months security of tenure, I think she will need to issue you with another six month tenancy, to ensure the new comer has some security.

Reneging on a verbal agreement

We have been living in a flat for many years, and have been good tenants. When our landlord recently said he would like to rent out the house as a whole, we said we wold be happy to take on the whole lease. The landlord agreed verbally and an assured tenancy of 12 months was to be signed. We were all due to sign the lease in a few days.

In the meantime, we have spent many weeks interviewing for new flatmates and have invited the chosen ones to move in.

However, the landlord has now told us he has received news from overseas of a ‘personal disaster’ which means he has to sell the house immediately. He will not tell us what the disaster is.

We have now been put in the very awkward position of telling the new flatmates the news and reneging on our verbal agreements with them!

It turns out that one of the new flatmates is going to move in anyway for a few weeks, but the landlord is making that person sign a lease for the short few weeks.

My question is - is this right? I mean, the Landlord is the one kicking us out! The new flatmate has nowhere else to go, as their moving in date had already been agreed upon. And the poor new flatmate has been thrown into a terrible situation which is completely out of his hands.

I suspect the landlord is not telling us the truth about his personal disaster and has simply decided to sell the house. Do we have any rights regarding him reneging on our verbal agreement?

Without knowing when you moved in, I don’t know what security you have – if it was before February 1989, you may have quite good security, so check that – the landlord may not be able to evict you.

However, assuming it is post this date, it appears the landlord is in order to do this, provided he gives you legal notice. With regard to the new flatmate, the landlord can give a tenancy agreement for as short a period as he likes – but he will not be able to use a section 21 Accelerated Possession procedure to evict if the tenant has not lived there six months and refuses to go, though he would be better taking the weeks the landlord is offering to find somewhere else and move out, rather than prolong what will become an unpleasant situation.

Assured longhold lease

I have been living in rental accommodation for approximately 17 months. My tenancy agreement is headed ,’Assured longhold lease’ and was originally for five years ,with six months notice wanted by the landlord.

The landlord wanted me to leave last September because she said I had caused considerable damage to the property. I asked her to explain and it seemed it came down to damage to a shelf in the kitchen caused by one of her own dogs that we were caring for at the time. She told me I had one month to get out. Two weeks later she wrote me another letter saying that we were now renting on a monthly basis.

I now want to move out and rang her and said I wanted to give her one month’s notice, to which she verbally agreed. But when I called her again she said that we had to revert back to the original contract and I now have to give her six month’s notice.

I don’t know what to do as I really want to move out. I have somewhere else to go. But do I have to give her six month’s notice, or just month ? She says she will sue me if I leave before six months is up. Can she do this?

She can try, but I think six months is an unfair contract term – civil law says landlords have a right to expect one month’s notice from a tenant. I can’t see this getting further than a solicitor perhaps writing to you – but see trading standards and get an opinion from them.

Six month break clause

Our tenants signed an assured shorthold tenancy agreement under part 1 of the Housing Act 1988. I quote from the agreement itself: ‘A term certain of 12 months from 24/06/2006. A Six month break clause applies. Each party must give one month’s notice to terminate the tenancy at six months. The tenancy cannot be terminated before six months’.

The tenants want to move out and are willing to give a month’s notice. In our understanding, if the six month break clause was to apply they should have given notice at the end of the fifth month and not now. And that they are liable for the next six months as per the 'term certain of 12 months' and would have to find tenants in order to get out of the contract.

We want to be certain that we are correct before we communicate this to our tenants who will give the notice in a week’s time. We are holding their deposit and there will have to be deductions made in lieu of furniture damaged beyond usual wear and tear (cigarette burns on sofas and the like). We also have in mind to keep the remainder of the deposit in view of the beaching of the notice period as this is totally inconvenient for us financially. If we had to find new tenants the costs of redecoration and refurnishing would be burdensome at this point.

Your tenants have signed an agreement which states the tenancy can only be ended at the six month point, not after, so you are correct. However, if they went to the small claims court, how reasonable would it appear when you would have ended it on 24 December, but find ending it on 24 February inconvenient? I would let them go when they want, but that is up to you. You can legitimately deduct from the deposit what you consider fair for damage, though hopefully, the tenants would agree to this. If you want to hold something back for breach of agreement you would have to be prepared to argue for this in court. Certainly advertising costs could come out. NEVER allow your tenants to get new tenants – there have been enough letters to this column to know that does not work – you need to interview and feel happy with the new tenants – the old tenants are hardly likely to be concerned whether they will pay the rent!

Giving notice

I have two tenants in my flat, and one wishes to leave. They both understand and accept the 'jointly and several' issue, and realise that the second tenant will have to pay all the remaining rent or give notice and leave too (unless the second tenant finds someone else of whom I approve - I would be prepared to go this route which I know the remaining tenant would prefer).

They signed a 12 month fixed term contract which is just coming to the end of its first six months. No notice period or break period has been specified in the agreement. I therefore assume the statutory one month for tenants and two months for landlords apply.

Notice has been given to me tonight by voicemail and I understand this would apply from the next rent date (rent is payable monthly).

Two questions:
1. Am I correct in thinking that my tenant's one month notice was not given until one week into a rental month, her rent commitment is for seven weeks rather than one month? Given the tenants will be leaving before the end of the contracted period I feel entitled to take as much notice as I can legally get.

2. Given no notice period was specified in the contract, and no break clause, are the tenants entitled to give notice at all, and are they therefore liable for the rent for the remaining six months? Or do their statutory rights entitle them to give one month's notice after six months irrespective of the agreement.

I realise that you would probably recommend coming to a compromise, as the tenants can just up and leave if they choose, but I feel that the tenant who has not given notice would like to stay and would be even more keen to find another friend to rent with if I had the right and enforced the contract - and that the second tenant might change her mind and stay if this were the case (or at least stay until a friend was found). In any case we discussed the 12 month term at the outset and they assured me they would be there for at least 12 months.

1. Yes, the notice period should really be from the rental period date, so she should pay for the next seven weeks. But if the remaining tenant gets someone who wants to move in, you would not expect two lots of rent – the chap who wants to stay would be better getting someone as soon as possible.

2. The tenants have a right in civil law to give one month’s notice, though this would not release them from the terms of the agreement – which stipulates a 12 month tenancy. I am not aware of a right to an automatic break clause after six months, if they have signed for a year.

Sitting tenant

I have recently purchased a house with a tenant living in it. I was told by the previous landlord that I need a new tenancy agreement, due to change in ownership. The tenancy agreement would be a six month assured shorthold tenancy, this is also what the previous agreement was.

The tenant has been in the house for 18 months. By creating a new tenancy agreement does this mean the tenant looses the right of only having to give one month’s notice and also myself as the landlord the right to give two month’s notice for the tenant to leave?

A new tenancy agreement only confers the same rights as the old one, in this case. It is a statutory requirement for you to give two month’s notice; the tenant cannot sign that right away. Civil law requires a tenant to give one month’s notice, but in practice there is little a landlord can do if the tenant just ups and leaves. I’d be inclined to be amenable about notice periods – two weeks is better than none.

Taking over from letting agent

I live and work abroad and have been letting my house through an agent for the last two years. The agreement has been a disaster from the start.

I wasn't paid anything for the first five months, even though the tenant had paid her rent on time. The agent eventually paid me the arrears and it was OK for a couple of months, then payments became sporadic again. It culminated in the agent owing me five months rent which he eventually paid, but only after months of telephone calls and emails and bounced cheques.

The agent has now ceased trading and I am now in the UK for four months. The agent has waived any right he had for any notice to be served and is quite happy for me to deal directly with the tenant. I have met with my tenant and she too is happy to deal with me directly. The agent has withheld (up to the time of writing) my tenant’s deposit. My questions are:

Do I need a contract with my tenant? Can I insist that my tenant gives me a deposit? She is a reasonable person and has kept the house in very good order, but this situation could obviously change. What are my responsibilities as a landlord to my tenant? For example, she has presented me with a list of problems and I am unsure which ones I am obligated to fulfil.

It is a statutory requirement under the Housing Act 2004 that tenancy agreements be in writing, and you should issue one with your contact details.

Obviously you should get a deposit, but your tenant would be justified in feeling she has been badly treated if she does not get the deposit back from the agents, so she can give it to you. I’d discuss it with her – she should take the agents to the small claims court, and when she gets it back give it to you, but ask for a small sum as a good faith payment until that happens. Your responsibilities are:
- to ensure that the structure of the building is sound;
- to keep installations for the heating of space and water in good condition;
- to keep sanitary installations in good order;
- to ensure that any furniture provided meets fire safety regulations.

Without knowing details of the problems it is difficult to be precise about your obligations. A recent problem I heard of was that the toilet was blocked. My initial reaction was that the landlord should get it cleared. Further investigation showed that the landlord had had it cleared only a few weeks previously, and the plumber had said it was because newspaper had been used instead of toilet paper. Being much thicker, it was causing blockages. My advice under those circumstances was that the toilet should be cleared, but the tenant asked to pay for it, paying a small weekly sum if necessary.

Flat for sale and visitors everyday

My landlord is selling the flat that I rent and has asked us to allow in visitors and real estate agents. As a results the flat is visited nearly everyday while we are at work so we do no feel at home any longer. We have a shorthold tenancy for 12 months and three months are still remaining. So can we refuse these daily visits? And if so, until when?

It may be important to add that we knew the flat was on sale when we moved in but this was supposed to be a quick sale with sitting tenants to an investment company that would carry on renting.

I think it is the last paragraph that may prove difficult. I would generally say that for your personal security and privacy, viewings should only take place in the final month of the tenancy. However, you state you knew it was for sale, so presumably agreed to some viewings taking place. I think you need to discuss with the owner and tell him how distressing you find this situation.

Could the viewings be restricted to only one day a week? It really is a question of mediating with the landlord.

Recurring problems

My husband and I have been living in our rented flat for over six months. Our lease is for 12 months. There have been many disappointing elements of the rental including mould, appliances not working, and water and heating problems. So after months of recurring problems and unsuccessful solutions we have decided it would be best to leave. The problem is that our landlord (who lives in Amsterdam) feels that he has been more than fair with us saying that he has sent workmen to fix the problems.

We have asked to end our lease early but his response is that as he has done his best he would send bailiffs to collect the remaining six month’s rent should we move out. Basically, he has threatened us into staying. Is this legal?

This does seem extreme, but technically the landlord is entitled to hold you to the tenancy agreement.

Under normal circumstances, I would expect him to have to take you to the small claims court and they would look at what notice you gave, and what steps he has taken to find a new tenant so as to mitigate his loss. I say ‘normal’ because if he is in Amsterdam and may therefore have genuine problems in getting a new tenant and could make a case on this basis.

If the property is still in bad repair, Environmental Services may put an order on it, which would force the landlord to have the work done. If it was unfit for human habitation the small claims court would have to find in your favour. It might be worth offering to pay for advertising during the notice period, and to allow viewings, if this would help him to re-let.

Jointly liable

My boyfriend and I share a house with two other people. It is a privately rented house, and the landlord lives in Canada. The property is managed by an estate agent.

We moved into the house at the beginning of August 2005 and have a joint fixed term tenancy (of a year - extended for another year), with a break clause allowing us to give three months notice.

Recently our housemates have both changed, and one of them has turned on us and is causing my boyfriend and I a lot of misery. We find it impossible to remain in the house over the weekends if she is there. She often brings her boyfriend to stay, and we have overheard him threatening to beat my boyfriend up. We have no idea why the relationships have disintegrated so suddenly, but we would like to break our contract and move out. We have contacted our letting agent. The firm told us: ‘Any notice given must be in line with the original tenancy agreement. We set out below the relevant clause: The landlord agrees that the tenant has the right to terminate the tenancy after the first eight months by giving the landlord not less than three months notice in writing to end the agreement.

‘The notice is to be sent by first class post and deemed delivered two working days later; or delivered by hand and deemed delivered the next working day; to the address shown in clause 27.01 or the last known address of the landlord.

To avoid any doubt between the parties it is agrees that the notice cannot commence any earlier than second day of January 2006 and cannot expire any earlier than first day of April 2006. The notice must expire at the end of a relevant period, being the day before the rent normally falls due’.

This letter also warned us that ‘you are all jointly and severally liable under the terms of the tenancy agreement’, and that notice to break the agreement ‘is only valid if all the sharers give notice’.

According to the agent ‘one or two persons cannot give notice to bind the whole group - all of you will remain bound unless all agree to give valid notice and leave’.

However, the agent conceded that two of the four would be able to leave if this was agreed between the four tenants and the remaining two wished to stay on and could afford the rent, or if two new people wanted to move and agreed to take on the rental commitment.

We are desperate to leave, and the atmosphere in the house and the stress caused is making me very ill. I am very underweight because of it, and am constantly ill. We feel like we are being forced to stay in our room while they are there.

What are our rights? Can we break the tenancy without the others agreeing? We have read a great deal of information on this, but it all seems to contradict each other.

Generally speaking a joint tenant cannot end the whole tenancy - if one tenant simply leaves, the tenancy devolves on the remaining tenants, who are jointly and severally liable. So you cannot say to the agents ‘we are leaving; therefore we are ending the agreement and the others will have to leave’. My concern is that you signed an agreement that seemed to indicate that you were happy to be tied into something without the flexibility. However, you could argue that this was an unfair contract. It may be worth speaking to Trading Standards. Try and discuss the situation reasonably with the agents – they cannot expect that you will stay in a property where there is any risk to yourselves - and threats of beating up would indicate a risk. The agents may be more helpful than you expect.

Early end of tenancy

I moved into a two bedroom flat with a friend earlier this year. The lease is for a period of 12 months with a break clause at six months (notice of two months at month four). We are three months into the agreement and for a number of reasons my friend and I are unable to continue living together. This is an amicable agreement (so far!) and I would like to do the right thing by both my friend and the landlord (who lives downstairs). Although I am the one moving out and effectively breaking the agreement we are both in agreement that this is the best solution.

I would like to move out sometime within the next month and have just paid my rent for this period. There is a possibility that we have found someone to take over the balance of the lease (another friend) but if this does not happen we will obviously need to find a replacement. As I said it is very important to me to do the right thing by everyone involved but I also need to safeguard myself. I would like to know where I stand and what I am legally permitted to do/not do.

Ideally we will find someone to take over the remaining period at least until the break clause can be utilised. If I am able to do this will my name be removed from the lease completely and the new person placed on the contract? I would hope this is the case as I do not want to sub let the room and find myself liable.

Can the landlord or my flatmate refuse this option? Is a new lease required or will a simpler document suffice effecting the change of one tenant and no other amendments? I have not informed the landlord at this time as I did not want her to worry and was hoping to go to her with the solution already in place but I am not sure if this is the correct procedure.

The important thing here is – was it a joint tenancy? If so, then your leaving would break that tenancy. I would hope that if you went to the landlady with a new tenant, that she would gladly issue a new tenancy in the new names. What she may not want is someone moving in for two months. I think you also need to be clear that you are asking the landlady for approval before you offer the flat to anyone – you and your friend were presumably interviewed, references were asked for – she would need to interview anyone who is moving in. Yes, the landlord can refuse the option, but is unlikely to, if you approach it properly. Your flatmate can also refuse, though it is difficult to see why, if it is a friend and your parting of the ways is amicable. If you cannot get agreement, then I am afraid you will have to stay put until the six months ends, but I think your landlady will probably be amenable.

Landlord selling: tenant buying

I recently renewed a 12 month contract with my landlord only to find out by letter two weeks later that she planned to sell the property. I was offered it at a reduced price. However, as I don't want to buy this house, I am still in contract until July 2007. Had I known that the property was going to be sold, I would have asked for a six month contract.

I am now in a position to buy a house and have seen one I would really like to buy. However, I have a problem in that I am in a contract until July of next year. There doesn't appear to be a ‘break’ in the contract and I am worried being charged for rent until July.

Is there any way out of this contract? It seems unfair that the contract would have been cancelled had I bought the house but because I am not it will continue on. And had I been told of the selling of the house when the contract was being renewed, I would have only asked for a six month contract.

Is there any way of getting out of the contract early?

I think you’ll only do it by goodwill and sadly, quite a lot of landlords want a tenant while it suits them and can be quite stroppy when it doesn’t suit. She would have to take you to court to hold you to the contract and I think you could then argue that this had made you unsettled as you were not aware that she was selling when you signed the contract. I’d try and negotiate it with her.

Leaving early (again)

My flat was originally let to my flatmate and me. A year later she moved out and my boyfriend moved in, taking over her lease and sorting out everything with the letting agency. Originally our lease was for six months, however I asked for that to be changed and the leaving date was put back five weeks.

Things were going fine until we finally found a flat that we were interested in purchasing. When we made an offer and heard this had been accepted I notified the landlord in writing, saying we would now be leaving two months earlier than planned.

The landlord was fine about this and said that the flat would be put up for let on the website and we would be liable for the rent until anyone moved in. This I understand completely.

However, although this happened two months ago, the flat has only just been advertised.

We have asked the landlord if he would agree to keep the deposit in exchange for releasing us from liability for the rent after we move out. Can this work?

We feel the landlord has not done anything to try to let the flat. I have done a lot of the work which I don’t necessarily think is fair.

I think the landlord may very well agree to this, but I feel he has probably not acted as fairly as he could. For example, if you left and asked for your deposit back and he disagreed, you would be within your rights to go to the small claims court. They would accept your rental liability, but would also be expected to look at what steps your landlord had taken to re-let the property, which sounds to have been very few. If, however, your landlord does not accept your offer and you move, then he would have to go the small claims court route and you would make your case as you made it in your question. Good luck!

Gas and electricity

I have them on Tenancy Agreements with a Resident Landlord - should I change them to Assured Shorthold Tenancies in any case?

I have four tenants in my property under separate assured shorthold tenancies (I bought the contracts from W H Smith) which automatically continue after the initial fixed period. By 1st Feb 2007 all of these tenants' fixed terms will have expired.

When I initially started letting the property I also lived there as a resident landlord, so I included all bills (except phone) in the monthly rent. However I have since moved to the USA.

About six months ago I gave the tenants two months' notice that I would no longer include gas and electric as I no longer lived there and could not regulate usage (electricity bills had more than doubled). They were very unhappy about this as nobody wanted to take the bills in their names (they did not know each other before moving in) so I agreed to keep them in my name, but only if they would agree to pay proportionately more if the bills increased again. They all agreed to this by email.

Now my latest bill shows the gas has also more than doubled. I notified the tenants that from December they would have to pay the increase, as well as £30 each, for the September to November quarter.

At least two of them are refusing to pay for last quarter but I feel I must insist they are responsible for their gas and electric going forward to avoid future headaches like this. I am happy to reduce their rents by the amount currently included for bills and can give them two months' notice of the change, but how am I best to go about this to avoid more conflict?

As I said, their contracts are off-the-shelf types which actually state tenants are responsible for all bills on top of the fixed rent, but I have based the inclusive nature of the contract on goodwill (although mine is now running out!). Can I withhold the owed amount from their deposits when they leave, and how could I prevent them withholding their last month's rent to guard against this? In the meantime, should I draw up new tenancy agreements?

I think you should make it very clear to anyone who is not prepared to pay the appropriate sum that you will serve them a two month notice seeking possession. I am afraid it would depend very much on what your receipt said about what the deposit was held for and whether you can make a deduction from the deposit – service bills are not usually included. I think the only way you could stop the tenants withholding the rent for the last month is to appeal to their goodwill – which appears to be lacking at present!

Yes, prepare new tenancy agreements – I would have preferred these were done when the arrangement changed. Any new tenants must get individual bills in their own names, so you may need to get new meters installed. Then, if a tenant leaves a debt, he will be pursued by the energy companies – as it stands at present, you could be left with a debt and little chance of recovery as the bills are in your name.

Partner moving in

I have been renting from my current landlord for about 10 years. In the past two years my partner has moved in and is using the address as his official address. I have a single tenancy agreement and would like to continue with that arrangement, with my partner simply splitting the household bills. However, my landlord is keen to place us on a joint tenancy agreement, saying that if we split up, my partner may have squatter's rights. Is this correct? Would it not be the case that a joint tenancy agreement would be a greater liability for the landlord?

Am I entitled to stick with a single tenancy agreement?

Squatters have no rights, unless they have lived in what was an empty property for a very long time- not the case here as you have a tenancy. If you decided to move out and your partner remained, the landlord would issue a Notice to Quit as he is there under licence only ie with the permission of the landlord. A joint tenancy makes you both jointly and severally liable for the rent, so he could pursue you both, if you leave rent arrears. If one of you decided to terminate the tenancy, then it would end it for both of you anyway. The only thing to beware of is to ensure that there is no fraudulent claim is made should one of you become unemployed.

Inspection visits

I have a tenant who moved into my property in 1994 without any formal tenancy agreement. He now refuses me access to view my property at any time.

Do I have the legal right to inspect the property, given that I can provide some 24 hour’s notice? .How should I progress this with the courts? Solicitor’s letters have been to no avail.

This is quite tricky as if your tenant will not allow you in, it is difficult to insist, even though you are doing what is required by providing notice. As it was 1994, the tenant has an Assured Tenancy, so has greater security and it would be difficult to threaten eviction without a proper ground. Do I take it he is not allowing access for gas safety inspections? If so, he is putting himself at risk and also you –failure to inspect gas appliances and obtain gas safety certificates is taken very seriously. As you have already done what would be recommended, ie got a solicitor to write a letter, I think I would contact Environmental Services and have a chat with them. They can almost certainly enter the property and ensure that there are no outstanding repairs and also ask about the gas safety.

No written agreement

I moved into my part furnished flat on 9 December 1989 and was give a rent book, after six months the rent book expired and I was not given a new one, so I just carried on paying my rent in the normal way. I did not sign an agreement and the landlord lived upstairs, however my landlady is now in a nursing home and her daughter has asked me to sign a six month tenancy agreement. Where do I stand? I have been told that I am a sitting tenant, please can you advise me.

I would say you were an assured, rather than a sitting, tenant. This does give you considerable security in law. You should not sign a new six month tenancy agreement, which would almost certainly be for an assured shorthold tenancy, with little security and the right to evict you after six months. My only concern is whether you actually have a tenancy, or a licence. If you shared any facilities with the landlord, you could be classed as a lodger.

Early termination

I have a group of tenants who signed up on an Assured Shorthold Tenancy.

This was done in June for a tenancy which did not actually begin until 1 September 2006 and deposits by all five tenants were paid.

Before the tenants moved in I received a letter from one of the tenants stating that she would not be returning to University and therefore would not be receiving her student loan. Therefore she would be unable to afford her part of the tenancy.

The other four still wish to continue but do not agree to pay her portion. I did have her parent sign a guarantor agreement. Please can you advise whether the tenancy agreement and guarantor agreement is enforceable even though the tenant did not move in before the official start of the tenancy.

If this was a joint tenancy, the other tenants are jointly and severally liable – they cannot, therefore, take it upon themselves simply not to pay her portion. They are liable, until they, or you, get another tenant. Whether the tenancy agreement and guarantee are legally enforceable is another question. If it went to court, the departing tenant could make a case along the lines that she gave you plenty of notice – and what steps had you and the other joint tenants taken to get another person in place? I’d try and speak to the other tenants and see if you can get any kind of compromise in place.

Lodger notice

I have a lodger with no written contract. She pays me at the beginning of each month for the month in advance. She has been with