Here is a blog clinic question on tenant rights from Simon (not his real name) who is a tenant:
One of the tenants, Ms X, has moved out without giving notice. In the tenancy agreement it names all 5 names as being the tenants and that a change cannot be made within the last six months of the agreement (there are currently 2 months remaining).
On 3 separate occasions strangers have arrived at the door informing us that they are moving in to the property.
From a legal perspective what rights do the tenants have, as I understand it the 5 tenants cannot be changed and the property cannot be subletted without all parties consenting. It is beginning to effect other areas of their lives and is starting to feel a bit like harassment.
I don’t know many people who would cope with 3 different strangers having keys to their house within a 2 week period. What advice would you give them to have this resolved.
If all the tenants are named on the tenancy agreement (as opposed to you all having your own individual tenancy agreements for your own room and shared use of the rest of the house) then this cannot be changed without a new tenancy agreement being signed.
The landlord is not entitled to foist another occupier on you without your consent.
The bad news is that you and all your co-tenants are legally responsible for the rent of the tenant who has moved out – as all tenants who sign a tenancy agreement together are jointly and severally liable for the ALL the rent, not just their own share.
But going back to the people who are turning up clutching keys to your home, they will not become tenants unless and until they sign a new tenancy agreement with the remaining tenants and the landlord. Which cannot be done unless you all agree to this.
They have no right to enter the property without your consent, and if the landlord is giving them keys and telling them that they can move in, then this is illegal.
If you want some help in this situation, the Housing Officer at your Local Authority may be able to advise you.
Interesting one. Clearly if a number of tenants decide to move out without notice, the landlord will want to mitigate his potential losses and get new tenants in the property asap, even though a joint tenancy still needs to run its course.
What would be the legal position of the new occupiers if the conditions for a tenancy were present? They appear to have been authorised by the landlord and rent has no doubt been accepted…
Tessa
What about this comment of them all being locked in for the last 6 months – that a change cannot be made during the last 6 months of the tenancy term – depending how long that is.
The OFT would never allow that clause to stand and be enforceable – surely?
@Paul – the landlord CANNOT relet the property to new tenants if it is already let to someone else!
@Industry Observer – Yes that is a bit odd. But neither would the OFT would agree to any term which allowed the landlord to foist complete strangers into an existing AST against the will of the current tenants!
But what about a clause that allowed the landlord to introduce and required the existing tenants to take a lodger? (subject, of course, to there being (a)underoccupation/an empty bedroom and (b) actual or imminent rent arrears) – would the OFT swallow that?
After all if the tenants can’t get on with their new lodger they could get rid of him quickly enough . . . . I suppose the landlord might want to stipulate that no notice requiring the lodger to leave should be served in the first two weeks of his occupation to allow for some sort of bedding in period.
Of course a lodger would normally be paying his rent to the tenants, rather than direct to the landlord and this may not suit if the tenants are the feckless type who would just spend the lodger’s money on buying beer, rather than using it to pay off the rent arrears. Could try to get round it by stipulating that the lodger should pay his rent money (or, say, half his rent money?) direct to the landlord until the tenants’ rent account is brought up to date.
Thats not something a landlord could do. It would be an unwarrantable interference in the tenant’s use of the property and would almost certainly be void under the Unfair Terms in Consumer Contracts Regulations.
Its OK for the landlord to allow the TENANTS to take in a lodger. But the landlord cannot (legally) force the tenants to take in a lodger of his own choosing.
There is no harm however in the landlord suggesting to the tenants that they might want to take in a lodger to help out with the rent – I discussed this on my post here : http://www.landlordlawblog.co.uk/2012/07/25/how-to-prevent-rent-arrears-by-letting-tenants-take-in-a-lodger/