Please help , not received a copy of tenancy

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    Please help , not received a copy of tenancy

    Hi All ,
    I am renting a room in a 6 bed student let that I signed a new Joint Tenancy contract ( all tenants signed the same copy ) in October last year for the 20/21 year. Me and my partner ( who rents a second room ) now want to leave the contract however we still have not received a copy of our contract despite asking the landlord on several occasions , both in writing and verbal. No other tenants have received their copy either , she keeps replying that she has been very busy and hasn’t had time . So I’m wondering is there a law that says a particular time frame that tenants have to receive their copy by otherwise it’s null and void ?

    #2
    There is no such law.

    There doesn't even need to be a written agreement.
    I've been renting in my current property for 10 years with nothing in writing.

    What matters here is how you want to leave.
    Which is why a copy of the agreement would be handy.

    It sounds as if you all signed a 'joint and several' agreement'.

    Unless there is a break clause, which is very unlikely in a joint & several student let, then you are liable for your shate of the rent until the tenancy ends for all joint tenants.

    Any break clause if invoked would end the tenancy for everyone.
    Which why it's unlikely there will be one.

    I asume it was a 12 month tenancy and so even if finding a replacement tenant is agreeable to everyone it's unlikely you will find a suitable replacement for just 2 or 3 months.

    Comment


      #3
      nukecad I don't think the new tenancy has started yet. Surely a student let is Sept 20 to July 21? Perhaps Spaiel can confirm the position.

      Comment


        #4
        Insuff detail provided by OP

        Comment


          #5
          Even without a copy you can tell the LL you want to leave and why & ask what the process is.

          Your chance of successfully leaving without financial penalty really depends on the LLs approach as you have probably signed a year long agreement without a 'get out' clause. You will probably have to rely on the LLs common decency to allow you to leave so ask nicely!

          Good luck

          Comment


            #6
            Originally posted by mariner View Post
            Insuff detail provided by OP
            The OP's probem is that s/he has no detail!

            Comment


              #7
              Originally posted by Jon66 View Post
              Surely a student let is Sept 20 to July 21?
              Not necessarily.

              Students do have to live somewhere during the holidays, and not all go home to mum and dad.
              And if they are doing another year at uni then it usually makes sense to have a 12 month (or longer) tenancy to keep the place they are already renting rather than having to get a different flat/room each year.

              Comment


                #8
                Originally posted by Jon66 View Post
                nukecad I don't think the new tenancy has started yet. Surely a student let is Sept 20 to July 21? Perhaps Spaiel can confirm the position.
                the tenancy runs from the 1st of aug till the 30th of June in this case

                Comment


                  #9
                  You need to contact your LL urgently. Have you paid any rent upfront? How was it to be paid?

                  If you don't move in you will still be liable and whilst the LL may have difficulty finding you to chase you for money (other than any they already have) you may find one day that you have a CCJ against you because the LL went to court and won because you weren't there to defend the case.

                  Bottom line is, you signed a tenancy which is legally binding so you need to ask the LL to release you. It is up to that LL how they respond, but a good LL will not hold you to the entire agreement, only the losses they incur because you changed your mind.

                  This is part of the problem with students signing up to houses so early in the year - a lot can happen in the 8-10 months from signing to moving in.

                  Good luck

                  Comment


                    #10
                    I would go as far as saying the landlord is only entitled to sue you for their losses, and they have an obligation to minimise them. This means if they find replacement tenants then they cannot claim the rent for the period where they have another tenant. They also wouldn’t be allowed to just leave the place empty for a whole year, they would need to do reasonable steps to re-let. Of course you would have to cover any difference between these two.

                    Comment


                      #11
                      My apologies,

                      I had read it as a tenancy that was coming to an end rather than one that was due ti start.

                      Comment


                        #12
                        Originally posted by nukecad View Post
                        My apologies,

                        I had read it as a tenancy that was coming to an end rather than one that was due ti start.
                        I think it's very ambiguous!!

                        Op should simply ask the landlord to be released from the contract and post on here the response and take it from there.

                        Comment


                          #13
                          Hi All i had to make a new acount ,below is the situation as a whole,

                          I currently renting a room in a 6 bed student let . The tenancy ran from the 1st august 2019 to the 30th June 2020 , my new contract in the same property begins 1st August 2020 to the 30th June 2021, I am currently in the middle of being released from the latter pending the replacement tenant signing their contract which I'm hoping to be imminent.
                          The landlord hasn't been very forthcoming in this whole process and still has not given me my copy of the 20/21 joint tenancy agreement which I signed back in October of 2020 despite several verbal and written requests.
                          I have two issues :
                          1. The landlady has asked me to 'consider' paying an extra 3 weeks rent to " help her out " which I do not owe. We had a verbal agreement that I could leave my belongings in the property over July rent-free as long as I physically left the house ( same as the other tenants). So to be clear I left the property on June 30th but my belongings are still there, I plan to remove them on the 27th ( despite still not officially being released from the new tenancy ) as I fear that she will use my belongings still being in the property to charge me the surplus rent despite our verbal agreement as that is the kind of person she is, unfortunately. My question is , since it is a joint tenancy can she ask me outright to pay rent due to my belongings being there without asking the other tenants to do the same?
                          2.As stated above the tenancy starts from the 1st Aug so technically I will be due to pay rent from this date if I have not been released. However,I have still not had my copy of the tenancy agreement since singing in Oct 2020 despite several verbal and written request, also she stated on the 21st that she has sent out the contract to the replacement tenant and that she is just waiting for it to be returned signed and then " we're green to go ".I sent her a text on the 24th telling her that I have found a new let that I would really like to sign for so please let me know as soon she gets the contract back, obviously to no response.Now ,she is the type of person that will drag this whole process out until august so that I have to pay rent even if she did have the contract back sooner.
                          My question on this issue is although I know from my previous tenancy that the new one begins on the 1st Aug I physically do not have my tenancy agreement to prove it so would I have to pay rent even if she still does not produce the agreement ? Also could I ask to see the replacement tenants sign date on their contract first to make sure she didn't get it back earlier than the 1st of Aug ( since their date of signing officially releases me from that date onwards)?

                          Thanks in advance

                          Comment


                            #14
                            Hi All i had to make a new acount ,below is the situation as a whole,

                            Clear as mud!

                            Comment


                              #15
                              Originally posted by mariner View Post
                              Hi All i had to make a new acount ,below is the situation as a whole,

                              Clear as mud!
                              Yea tell me about it,try being in this situation hahaha

                              Comment

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