New Flatmate Left The Flat (Agency Contract)

  • Filter
  • Time
  • Show
Clear All
new posts

    New Flatmate Left The Flat (Agency Contract)

    Hi all,

    I was searching in the web a couple of information regarding my situation and I found this forum with some on the users very prepared.

    I'm trying to explain my situation.

    I live since 2016 in a flat rented via agency as shorthold tenancy agreement with other 2 persons.

    We never had a single problem. We signed a contract as join liability and lucky everything went well....until the last month one of my flatmates moved back to Australia and we found a replacement.

    This new person was so nice but after couple of days he started to act like a weird person. Very dirty, no respect for the flat and for us. We have tried to talk to him but he told us to contact him only via we realised that he has lots of personal problems.

    We have discovered that last night he left the flat taking all his stuff.

    We have tried to contact him, but the phone is off. No news. He just left the flat.

    We need to pay the rent and the bills in the next week and I know that we have to pay for his part. I can't find a replacement with this Covid-19 situation.

    I know he signed the contract with the agency and left a deposit.

    What can I do to resolve this situation?

    I always had a nice relationship with the agency agent and the landlord.

    Flat is always super tidy and clean.

    I and the other flatmate don't want to move but we can't pay his part of the rent and bills for another 10 months.


    Sorry to hear this.

    I think you're stuck unless you can find the missing tenant.

    I'd talk to the agent and see if they will accept a reduced rent until a new tenant can be found,
    They may simply say no.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


      Whilst you and your flatmates are legally responsible for the full rent for the duration of the contract, so is he. His departure makes no difference to that. The agency should try to pursue rent from him but they may not and they're not legally obliged to. There is little point worrying about it now. I would just carry on paying your normal share and keep repeating the line about not being able to afford to pay more. See what happens.


        It's a risk for any tenant to sign a joint tenancy. With complete strangers its inadvisable in my view.


          Originally posted by tizianodego64
          Thank you both. I'm sorry but what is the point to sign a contract if you can leave and act like this without problem? I suppose this a contract that cares about the agency and the landlord.
          Not at all.
          When you enter a joint contract with someone, it's a hell of a commitment.
          You are agreeing (in this case) to be fully liable for the full rent (and any damages caused by another occupant) for the full term.

          I appreciate that the word choice probably isn't fair, but you have chosen to make a big commitment with a stranger who turned out to be weird.

          It is biased in favour of the agent/landlord in the sense that they benefit from a joint tenancy rather than three separate agreements, but, if the agreements were separate, you wouldn't have any choice about who you lived with.

          The issue with any contract is being able to enforce it, and if a relative stranger vanishes, there's not much anyone could do.

          In theory, you could sue them for the rent that they aren't paying.
          It is a problem also to find another person and add in the contract if my ex flatmate won't sign it
          Legally yes, but practically no - the person who's left is the only one who could create an issue about a new agreement.

          The practical issue is whether the agent will agree to the change and whether (given the lockdown) you can find someone.

          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


            Originally posted by tizianodego64
            I think I don't have any option and I don't see any kind of positions suitable for me and my flatmate. We are just in trouble.
            Read the replies above, then talk to the agent about the position.

            Or, just ignore it and let the issues build.


              Does each of the tenants have an individual agreement with their own name on? Or was there originally a lease with "Tenant A", "Tenant B", "Tenant C"? If the 2nd option, did A, B & C all sign a document to change the agreement to "Tenant A", "Tenant B", "Tenant D"?


              Latest Activity


              • Reply to deposit deductions
                by jpkeates
                That clause is not longer enforceable and is no longer valid (Tenant Fees Act 2019 - which extended to existing tenancies on 1st June 2020).

                The tenant remains liable to return the property in the same condition as it was let to them, less fair wear and tear.
                If they don't, the landlord...
                11-07-2020, 09:13 AM
              • deposit deductions
                by Piptrees
                Tenancy agreement clearly states carpets and curtains should be professionally cleaned at the end of the tenancy. Outgoing tenant did not have these done so presumably I have the the right to deduct these costs from his deposit?
                10-07-2020, 16:45 PM
              • Reply to Tenant's NtQ
                by jpkeates
                Once the notice expires, the tenancy ends.
                Which means that anyone in the property afterwards is, as far as I can determine, a trespasser.

                So the owner should be able to lock them out and they should have no recourse against the owner.
                As they have no right to be in the property,...
                11-07-2020, 09:10 AM
              • Tenant's NtQ
                by HantsAgent
                I have a tenant (an unmarried couple, joint and severally liable AST) in a property with some fairly substantial arrears.

                The female partner has contacted me recently to state that she was largely unaware of the financial issues and has just discovered that her partner has been hiding numerous...
                10-07-2020, 14:09 PM
              • arrears and damage
                by Dougie99
                Hi, I have recently had 2 tenants leave Mother and daughter and 2 kids. They had been in arrears since Feb and left owing £2130.

                I had £1040 deposit signed to me and they signed an agreement to pay arrears over 12 months, they moved out a day before they said they were going to and moved...
                11-07-2020, 08:10 AM
              • Reply to deposit deductions
                by mind the gap
                This is not an attack on OP, but in my experience the landlords who are most officious about demanding that tenants pay for professional cleaning at the end of the tenancy are the least likely to have ensured such cleaning happened prior to its commencement.

                There really should be no...
                11-07-2020, 07:09 AM
              • Reply to Can LL seek compensation for unpaid rent if tenancy was ended over text message?
                by mariner
                IMO No. A SPT period can be valid for upto 3 years
                11-07-2020, 03:51 AM
              • Can LL seek compensation for unpaid rent if tenancy was ended over text message?
                by youngnotgullible
                Sorry if this isn't the right place to post. Desperate for any input on the situation I'm in.

                I ended my tenancy early. On the 1st of April I sent my landlord a text message stating that I'd 'transfer [April's] rent' to him, and that it would be my last month spent in the room. I initially...
                09-07-2020, 20:42 PM
              • Reply to deposit deductions
                by mariner
                A Tenant only has to 'return Property in similar condition,less FW&T, as of start of T.'
                11-07-2020, 03:29 AM
              • Reply to deposit deductions
                by Piptrees
                “To arrange for the Property to be professionally cleaned on the termination on the
                tenancy and pay for any cleaning services that may be required to reinstate the Property to
                the same order in which it was provided at the commencement of the tenancy including
                the cleaning of...
                11-07-2020, 02:23 AM