Covid 19- flatmate agreement

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    Covid 19- flatmate agreement

    I am in a complicated rental situation owing to the C19 crisis. I was in a fixed term SHA agreement with two other flatmates that was supposed to end on 31 May and all flatmates had agreed to vacate the house. I have gone ahead and made my living arrangements from June 1 and commited to moving in another flat. However, my other two flatmates are now insisting on converting the fixed term agreement into a periodic agreement as they think they won't be able to make arrangements to move out in light of the current lockdown. Where does that leave me with liabilities if i move out on 31 may ? As per my landlord i am still jointly liable as the fixed term contract converts into a periodic tenancy and all tenants are jointly liable

    #2
    As you say, you remain liable, though if you refuse to pay your 'share', it will be easier for the landlord to chase the other tenants.
    If you can prove the agreement to move out on 31 May, then any losses you incur because of their failure to move out can subsequently be claimed from them through the courts.
    Once the fixed term has ended, you can serve valid notice to the landlord and once that notice expires, you are off the hook.

    Comment


      #3
      Originally posted by Snorkerz View Post
      As you say, you remain liable, though if you refuse to pay your 'share', it will be easier for the landlord to chase the other tenants.
      If you can prove the agreement to move out on 31 May, then any losses you incur because of their failure to move out can subsequently be claimed from them through the courts.
      Once the fixed term has ended, you can serve valid notice to the landlord and once that notice expires, you are off the hook.
      However, as per the new coronavirus legislation act the landlord cannot evict tenants for three months. Does that mean my contract that was supposed to end 31 May automatically extends to June ? I am still looking to move out 31 May but given that my flatmates are not planning to move where does that leave me with my contract ?

      Comment


        #4
        What is an SHA?
        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).

        Comment


          #5
          Originally posted by jpkeates View Post
          What is an SHA?
          short hold agreement

          Comment


            #6
            Originally posted by Covidtenant View Post

            short hold agreement
            I assume this is in England/Wales?

            In which case, you have an Assured Shorthold Tenancy - Just about all English residential tenancies are "Assured" tenancies and the majority of those are "Assured Shorthold", giving the tenant less long-term security of tenure.

            Originally posted by Covidtenant View Post
            However, as per the new coronavirus legislation act the landlord cannot evict tenants for three months. Does that mean my contract that was supposed to end 31 May automatically extends to June ? I am still looking to move out 31 May but given that my flatmates are not planning to move where does that leave me with my contract ?
            No, the contract remains exactly as it did (including your joint responsibility), but if all the tenants are not out by 1st June then that tenancy will automatically become a "Statutory Periodic Tenancy". On an SPT any of the joint tenants can serve notice to end the tenancy on behalf of all tenants and if any tenants stay in occupation after the notice date, it is up to the landlord what to do with them - he may evict (eventually) or he may just grant a new tenancy to the remaining two.

            Comment


              #7
              Originally posted by Covidtenant View Post
              However, as per the new coronavirus legislation act the landlord cannot evict tenants for three months. Does that mean my contract that was supposed to end 31 May automatically extends to June ? I am still looking to move out 31 May but given that my flatmates are not planning to move where does that leave me with my contract ?
              Not quite, the landlord now has to give 3 months notice instead of 2, but a more practical issue is that the courts aren't processing posession claims at the moment.
              So a LL can give 3 months notice, but once that extended landlords notice period has passed he can't get posession order anyway - because the courts are closed.

              But there is no change to the notice a tenant has to give, and a tenant isn't evicting anybody so doesn't need a posession order.

              You can just give the standard tenants notice once the fixed term had expired (at least a month ending on a rental period end date) and that will end the tenancy for all sharers.

              Comment


                #8
                Originally posted by nukecad View Post
                So a LL can give 3 months notice, but once that extended landlords notice period has passed he can't get posession order anyway - because the courts are closed.
                Is that what your crystal ball says?

                Comment


                  #9
                  Originally posted by MdeB View Post
                  Is that what your crystal ball says?
                  I don't need crystal balls. (Unless you believe the court system will class evictions as 'Priority' cases).

                  https://www.gov.uk/government/news/p...tice-is-served

                  Comment


                    #10
                    Unknown waters.
                    No T can give Notice during Fixed Term servest nor order his flatmates to vacate against their will.
                    On June 1

                    Comment

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