Tenant's subtenants complain re no hot water

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    Tenant's subtenants complain re no hot water

    hi
    I had a flat (3 bedroom) as tenant then I ve moved to an other flat living somewhere else, I had the idea to rent the rooms to some guests as I got the contract for 1 year and didnt want quit the flat losing the deposit.
    they dont have a contract etc, just a paper written by me sayng that they should pay on time etc and if they need to leave the room I need a 2 weeks notice. now 2 boys sayng that they had no hot water for few days so they wanna pay less then verbally agreed. I d like they move and leave the flat.
    these boys stay in 1 room while the other 2 are with 2 other people.
    what should I do? they dont have any contract so I presume I can tell them they should find somewhere else to stay??

    thanks
    Last edited by mark2008; 19-05-2008, 18:18 PM. Reason: add something

    #2
    Effectively you have sublet the flat, presumably without the original landlord's knowledge or permission.

    You don't live there so you are not a resident landlord who can easily get rid of lodgers.

    Effectively, despite what you have written on your bit of paper, you have granted a (6 months) AST.

    You will have to give them 2 months notice to quit, assuming they are out of their fixed term.

    If they decide to pay less because of lack of hot water then you will have to negotiate.

    Comment


      #3
      thanks

      Hi and thanks for ansering
      is it an assured shorthold tenancy? shouldnt be on a contract? they dont have contract.

      and what if I take back a room and live there? would it be easier??
      in that case they would be lodgers? Aree they not lodgers at present? contract (the real one ) its on my name.

      what do u suggest?
      is it any scenario in which they decide to pay less and stay there for an indeterminate lenght of time?
      are they not to be considered as lodgers if I live there in a room??

      many thanks

      Comment


        #4
        Congratulations, you have become a fully fledged landlord. If I were your head landlord, I would be very very angry with you for sub-letting without my permission.

        Comment


          #5
          I think that a scrap of paper hardly constitutes tenancy terms clearly defined. Do you have an AST yourself or did your landlord have similarly sketchy procedures?
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            But an AST does not have to be written. Even agreeing oral terms can create an AST. Serves someone right?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              first hand experience

              I handed my troublesome tenant notice in November and got them out (using the correct 21 form) by Mid April so c5months, which seems to be the norm.

              If these people are trouble my advice would be to instruct a solicitor from the outset as the tenant could very well drag this out. The tenant could ask for an extension too ...

              Also do not trust what the local council says, my view is that the majority of councils sold off their properties at some point over the last decade , hence there is a dire shortage of houses... They will try to drag this out to bailiff stage as a delaying tactic. I obtained a posession order for the start of April and luckily enough the problem tenant moved out , otherwise the bailiffs in my area would have only been able to move the tenant out by July!

              Good luck

              Comment


                #8
                question

                In case I write a contract between me and the lodger, assuming that I leave into the apartment, is the contract /agreement valid if stating that the lodger will accept a 14 days notice to leave the premises etc?
                In case this is gonna happen again I mean.

                Comment

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