Tenancy Woes

sbi5ar · 30 Jun 2011 at 22:03

Right... I'll try and make this short and snappy in the hope of getting your thoughts on the whole thing...

Right my friend has signed a tenancy agreement with three others to start tomorrow (1st July), lasting twelve months total with two months half rent over the summer (July and August), you know, general student stuff...

Now for the problem...

The landlord has just recently let one of the new tenants know (informally) that someone else who is already in the property will be staying at the property for an extra 3 weeks. For those three weeks this person will be in the property with free roam of the house and utilities (gas/electric etc...)

I would like to know where my friends stand and what your thoughts are on;

1) Moving their personal possessions into the property when a random stranger is there
2) Said stranger is using various utilities for which the bill will come at a later date at that person won't be around to pay
3) Paying full rent (even though it is half rent) when the land lord is making money off them by renting the property twice

I hope that makes sense

Kemik · 30 Jun 2011 at 22:07

I'd tell the landlord to either:

1. Remove said person from the property effective the tenancy start date; or
2. Amend the contract to allow for the same end date but later start date with the appropriate adjustment in rent. I.e. Month one you'd only pay for a week.

Burnsy2023 · 30 Jun 2011 at 22:09

Kemik said:
I'd tell the landlord to either:

1. Remove said person from the property effective the tenancy start date; or
2. Amend the contract to allow for the same end date but later start date with the appropriate adjustment in rent. I.e. Month one you'd only pay for a week.

Indeed. You have a contract and this random guy isn't on it. You need some sort of contract to cover your arse.

sbi5ar · 30 Jun 2011 at 22:10

Kemik said:
I'd tell the landlord to either:

1. Remove said person from the property effective the tenancy start date

My question now is...

How can said friends enforce this... I know they have signed the contract and he should move the current tenant out but that could be easier said than done (and presumably the current person has a new contract for the extra dates...)

Edit... and its a pain for my friends as starting the tenancy in 3 weeks is 1) a pain and 2) not what they signed up for...

Kemik · 30 Jun 2011 at 22:13

sbi5ar said:
My question now is...

How can said friends enforce this... I know they have signed the contract and he should move the current tenant out but that could be easier said than done (and presumably the current person has a new contract for the extra dates...)

Personally, I'd withhold rent payment until he'd gone. I'd be in breach of contract but any judge would side with me.

Phil99 · 30 Jun 2011 at 22:16

We were screwed over with this as well. In hindsight we should have tried to enforce our own terms.

The first option is to say no; you've signed a contract, you expect the house to be empty on the first day of the contract. This is the preferred option unless he offers further discounts on your rent. You don't owe the landlord any favours.

The other option is to take meter readings and charge the guy based on projected costs and to not move any of your stuff in (though this depends on your contents insurance, it might be covered)

In hindsight the first option is by FAR the better option. We ended up with the people who stayed making international phone calls on our line and we had to get the landlord to refund us.

[FnG]magnolia · 30 Jun 2011 at 22:17

They need something in writing and then they need CAB or a solicitor if they are unhappy with what it says.

sbi5ar · 30 Jun 2011 at 22:20

Phil99 said:
The first option is to say no; you've signed a contract, you expect the house to be empty on the first day of the contract. This is the preferred option unless he offers further discounts on your rent. You don't owe the landlord any favours.

This is what I think they should do and surely in the eyes of the landlord the rent off four people is better than the rent of a single person for 3 weeks?

God knows what is going through the landlords head :confused:

Phil99 · 30 Jun 2011 at 22:25

sbi5ar said:
This is what I think they should do and surely in the eyes of the landlord the rent off four people is better than the rent of a single person for 3 weeks?

God knows what is going through the landlords head

I think the thing going through the landlord's head is rent off 5 people is better than rent off 4 people. Students in rented accomodation seem to be targets for money making as in general they don't know their rights and will just say yes to everything.

Rich_L · 30 Jun 2011 at 22:37

I would just suggest starting the tenancy on 1st August instead.

joxang · 30 Jun 2011 at 22:42

Where's this 5th dude going to be sleeping, and where's he going to put all his stuff?

Withhold rent for the first month, and tell the landlord to adjust the contract to start from August. The landlord is in breach of contract so he can't force you to pay for this month if he's put some random guy on you.

sbi5ar · 30 Jun 2011 at 22:46

Rich_L said:
I would just suggest starting the tenancy on 1st August instead.

This is a no go as they want it to start on the 1st so they can move all of their things in before going home over the summer to work...

joxang said:
Where's this 5th dude going to be sleeping, and where's he going to put all his stuff?

The 5th person is staying the the room they were renting previously