What rights do I have as a student living in a HMO flat looking to leave before my tenancy contract

NinetyOne · 18 Jan 2016 at 21:22

For a few months now things have been difficult as the other tenants have been smoking indoors and causing damages, being extremely noisy in the evenings (loud music etc.), and having a general uncooperative attitude in terms of cleaning and whatnot. Having been away over Christmas, I have returned to the flat and my room has been used - without my permission - meaning there is a strong smell of smoke as well as damage to my belongings, the bed and carpet.

This is having negative effects on both my mental health and my university work. What can I do?

Nitefly · 18 Jan 2016 at 21:23

1) speak to your housemates.

NinetyOne · 18 Jan 2016 at 21:25

Nitefly said:
1) speak to your housemates.

This has been done on multiple occasions. I'm 24 and they're all 20. They've yet to grow up and there's just a complete divide in terms of values.

Brookert · 18 Jan 2016 at 21:27

You need to get out pronto, and worry about the money later. If you explain to your uni they might have somewhere in halls you can move into quickly.

dowie · 18 Jan 2016 at 21:30

Is your name on any utilities? If you're not mates with them and you've asked them before to stop smoking etc.. and they've now damaged your stuff then **** em... go find another place, forget about your current deposit and do a runner.

OracIe · 18 Jan 2016 at 21:32

Talk to the landlord and explain the situation? See what they can do to help? Perhaps they can talk to the other house mates?

NinetyOne · 18 Jan 2016 at 21:33

dowie said:
Is your name on any utilities? If you're not mates with them and you've asked them before to stop smoking etc.. and they've now damaged your stuff then **** em... go find another place, forget about your current deposit and do a runner.

No, my name isn't on any of the utilities, and we all pay separately for our rent. I wasn't sure if it was as simple as just picking up and leaving?

Nitefly · 18 Jan 2016 at 21:34

NinetyOne said:
This has been done on multiple occasions. I'm 24 and they're all 20. They've yet to grow up and there's just a complete divide in terms of values.

Two options, I suppose.

1) If you can't beat them, join them!

2) Just arrange to move out.

Pros and cons to both. Smoking indoors is inconsiderate, but sounds like you are the minority. Being noisy and messy doesn't necessarily make them ********, it's just a difference in lifestyle and values, as you say.

Maybe have a punt at 1) before opting for 2). At least then you've tried to make bridges.

NinetyOne · 18 Jan 2016 at 21:36

OracIe said:
Talk to the landlord and explain the situation? See what they can do to help? Perhaps they can talk to the other house mates?

Having the landlord talk to my flatmates and then me continuing to stay here would likely create a very hostile environment (and it already is), and I certainly wouldn't feel comfortable living in such a place. I already feel like a guest in my own home. Living room is constantly occupied by all their friends, having parties, smoking weed etc.

Nitefly · 18 Jan 2016 at 21:40

Actually, having a house stink of weed from someone else is really miserable - run for the hills.

NinetyOne · 18 Jan 2016 at 21:41

Nitefly said:
Two options, I suppose.

1) If you can't beat them, join them!

2) Just arrange to move out.

Pros and cons to both. Smoking indoors is inconsiderate, but sounds like you are the minority. Being noisy and messy doesn't necessarily make them ********, it's just a difference in lifestyle and values, as you say.

Maybe have a punt at 1) before opting for 2). At least then you've tried to make bridges.

I appreciate the optimism but it just won't work out between us. I'm just worried that I won't be able to move out as the lease isn't up until the end of august, and I can't afford to pay for two places.

Stovepipes · 18 Jan 2016 at 21:44

NinetyOne said:
Having the landlord talk to my flatmates and then me continuing to stay here would likely create a very hostile environment (and it already is), and I certainly wouldn't feel comfortable living in such a place. I already feel like a guest in my own home. Living room is constantly occupied by all their friends, having parties, smoking weed etc.

That sounds intolerable and I can't imagine anything you do will make it better so time to do a runner.

dowie · 18 Jan 2016 at 21:59

NinetyOne said:
No, my name isn't on any of the utilities, and we all pay separately for our rent. I wasn't sure if it was as simple as just picking up and leaving?

it might not be... I was assuming it was a joint tenancy ergo the Landlord would probably chase them if you did a runner - if you've all got individual contracts with him then that might change things...

Gogl · 18 Jan 2016 at 22:06

I propose that Nitefly is appointed mediator and that we set up a suitable system of reward for his success and punishment for his failure in mediation.

NinetyOne · 18 Jan 2016 at 22:09

dowie said:
it might not be... I was assuming it was a joint tenancy ergo the Landlord would probably chase them if you did a runner - if you've all got individual contracts with him then that might change things...

No you're right: it is a joint tenancy, we all signed the same contract. Just for some reason we all pay individually.

Puzzled · 18 Jan 2016 at 22:17

Try and find someone else to move in and they can just take over your contract.

Find one of said week smoking friends, wait till he/she is is feeling "good" and then get them to sign the docs!

The landlord will only care about rent coming in, if you can find someone else to take your share on then all is good.

dowie · 18 Jan 2016 at 22:22

NinetyOne said:
No you're right: it is a joint tenancy, we all signed the same contract. Just for some reason we all pay individually.

ah screw it then, if you've spoken to them before about it and they've since damaged your stuff, used your room and are still doing it then I'd be tempted to take a risk and just get out of there

dowie · 18 Jan 2016 at 22:24

MonkeyMan said:
Try and find someone else to move in and they can just take over your contract.

Find one of said week smoking friends, wait till he/she is is feeling "good" and then get them to sign the docs!

most students are on 12 month contracts starting/ending at the same time each year... OP would have to find someone in a similar position - wanting to move part way through a contract

actually maybe he can find someone in an opposite scenario of sorts... perhaps there is some anti social smoking type in a house full of non smokers who all hate him... do a straight swap

Nitefly · 18 Jan 2016 at 22:24

Gogl said:
I propose that Nitefly is appointed mediator and that we set up a suitable system of reward for his success and punishment for his failure in mediation.

I'm up for this.

Puzzled · 18 Jan 2016 at 23:04

dowie said:
most students are on 12 month contracts starting/ending at the same time each year... OP would have to find someone in a similar position - wanting to move part way through a contract

actually maybe he can find someone in an opposite scenario of sorts... perhaps there is some anti social smoking type in a house full of non smokers who all hate him... do a straight swap

Ha, maybe!

I don't think it'd be that hard to find someone, people fall out and circumstances change. One of my flatmates moved out halfway through the year and we found someone else pretty easily.