Leaving a property

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    Leaving a property

    In June last year I sgned a 6 month tenancy agrrement with another tenant. There were no agents involved and we did not have to put down any kind of deposit. When the agrrement lapsed we never signed anything else, and the status quo continue.

    In March there was a blockage in the toilet in my Bathroom I organised to have a plumber come and fix the problem at a total cost of £260.00. The landlord would not cover this cost as she clamed it was as a result of damage on my part.

    In August I had enough of the tenant I was sharing the property, I gave a months notice and have moved out the property.

    1. I would like to deduct the £260.00 I have paid in repairs off my final months rent, will I be subject to any legal claims if I do this?

    2. The other tenant is claiming I am responsible to cover the bills until the end of September, is this correct?

    #2
    You 'signed...with another tenant." Please explain! Are you yourself:
    a. the owner of the property;
    b. (if so) also residing there;
    c. only a tenant [as you mention that (t)he landlord would not cover this cost as she clamed it was as a result of damage on my part]; or
    d. a Letting Agent?
    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


      #3
      Originally posted by simbeau View Post
      2. The other tenant is claiming I am responsible to cover the bills until the end of September, is this correct?
      If this was a joint tenancy then you are liable until the other tenant moves out as well, however long that is. You cannot just walk away from an agreement.

      The LL may be amenable to you leaving on your own. Speak to him, until you have that sorted then you are liable for everything.

      Did you get quotes for the toilet unblocking? Did you speak to the LL about it?
      There is a case for stopping costs from the rent, but you do have to follow the correct procedure. From your short post, it does not look as if you have done that.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        jta:

        I spoke to the landlady regarding the problem, she told me to organise I plumber which I did, she then spoke to him regarding the problem and arranged for him to fix it. When it came time for him to be paid she told me I had to pay because she claimed the blockage had been malcious. There had been sanitary towels flushed down the toilet.

        I have not done anything yet regarding the rent I have to pay £300 at the end of the month as my final rent payment, this is when I want to dedut this money. How do I go about it ?

        1. The other person has no intention of moving out of the property, I don't see how I can be held liable for bill until she leaves, I am confused?

        I have also contributed 50% of the money towards furniture left on the property can I claim this cost against bills owing?

        Jeffrey :

        I am (c) a tenant.

        Comment


          #5
          Originally posted by simbeau View Post
          I am...a tenant.
          So you are subletting to X. Did L consent to this?
          Oh, and do you yourself reside too? If so, your subletting to X cannot be an AST (so no need to protect X's deposit).
          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


            #6
            L did consent to the agreement. I have moved out of the property now. X does not have a deposit and neither do I. Do I still have liability in respect of bills now that I have left?

            Comment


              #7
              As I understand it, - and correct me if I'm wrong - you and another person signed a single tenancy agreement - a joint tenancy - for a fixed term of six months. It has now become a periodic tenancy. Therefore, to end the agreement, only one of you has to give notice, in writing to LL, of at least one month if you pay monthly, and the notice to expire at the end of a rental period, i.e. the day before rent is due. (e.g. if rent was due on the 15th of the month, then your notice should have been delivered on or ideally before the 15th of the month, to expire on the 14th of the following month).

              If you gave correct notice and left the property on or before the day the notice expired, you are no longer liable for rent or bills after the expiry of the notice. If you stayed in the property even one day into a new rental period, you are liable for a further month's rent/bills.

              If person 2 wants to remain at the property, person 2 has to negotiate a new agreement with LL.

              The bill for the blocked loo - if sanitary towels did indeed cause the blockage then it's fair enough to charge T, so I do not think you should deduct the cost from the rent. If person 2 was responsible for causing the blockage, she is the one you should ask for the money - but I doubt you'll get it somehow. It would have been better to sort this out at the time it happened, and get person 2 to pay the bill.

              Furniture - If the furniture was bought jointly with person 2 it has nothing to do with the LL or "bills", so negotiate with person 2 either for a sum of money, or to take some of the furniture. Without anything in writing, you're dependent on their goodwill and cannot make any demands.

              Comment


                #8
                Thanks for the advice thats great

                Comment


                  #9
                  Originally posted by westminster View Post
                  As I understand it, - and correct me if I'm wrong - you and another person signed a single tenancy agreement - a joint tenancy - for a fixed term of six months.
                  No. OP signed as sole T. Then L gave OP consent to sublet part to X.
                  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

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