My flatmates breaking lease...

johnnyonionring

Ok so heres the story....

I moved into an apartment and started renting a room for 550 per month last march, as far as i knew i was renting a room. Soon after the couple that was sharing the apartment told me said they were leaving and I find out the apartment was being rented as a whole for 1400pm.... so i was paying 550 and the couple were paying 850 between them

They found another couple surprisingly willing to pay that for a double room and the estate agent said they would do up another lease as it was now all new tenants.

I never saw a lease and never signed anything and now a few months later the new couple have decided they are leaving and I don't know where this leaves me as the estate agent has told them they are in a lease and will lose their deposit? so does this mean i will lose my deposit and be homeless?? stressed is an understatement this new couple are leaving within 2 weeks back to spain and I know for a fact i won't find anyone to pay 850 per month for that room.... any ideas?

The_Morrigan

Why did you not sign the new lease when it was done up?

johnnyonionring

They never gave me one to sign and I guess I never asked about it

odds_on

johnnyonionring wrote: »

Ok so heres the story....

I moved into an apartment and started renting a room for 550 per month last march, as far as i knew i was renting a room. Soon after the couple that was sharing the apartment told me said they were leaving and I find out the apartment was being rented as a whole for 1400pm.... so i was paying 550 and the couple were paying 850 between them

They found another couple surprisingly willing to pay that for a double room and the estate agent said they would do up another lease as it was now all new tenants.

I never saw a lease and never signed anything and now a few months later the new couple have decided they are leaving and I don't know where this leaves me as the estate agent has told them they are in a lease and will lose their deposit? so does this mean i will lose my deposit and be homeless?? stressed is an understatement this new couple are leaving within 2 weeks back to spain and I know for a fact i won't find anyone to pay 850 per month for that room.... any ideas?

With people sharing a room, a 60:40% would, IMO be a fair way of splitting the rent. Utilities would be 1/3rd each (if 3 people sharing).

If you have been living in the apartment for more than 6 months you cannot be evicted if two of the other tenants leave. You have, at minimum, a Part 4 tenancy and are protected in law.

However, the vacating tenants should be finding replacement tenants for an assignment (that is, the same tenancy continues but with a change of tenants) or they are liable to lose their deposit.

To whom did you pay your deposit, the couple who were originally in the apartment or to the Agency/landlord. I fear that you were originally a licensee/lodger especially if you paid your deposit to them and your rent. You really need to clarify these facts.

The really bad news is that you may be "jointly and severally liable" with the vacating tenants and could be liable for the full rent of the property until new tenants move in.

The_Morrigan

odds_on wrote: »

With people sharing a room, a 60:40% would, IMO be a fair way of splitting the rent. Utilities would be 1/3rd each (if 3 people sharing).

If you have been living in the apartment for more than 6 months you cannot be evicted if two of the other tenants leave. You have, at minimum, a Part 4 tenancy and are protected in law.

However, the vacating tenants should be finding replacement tenants for an assignment (that is, the same tenancy continues but with a change of tenants) or they are liable to lose their deposit.

To whom did you pay your deposit, the couple who were originally in the apartment or to the Agency/landlord. I fear that you were originally a licensee/lodger especially if you paid your deposit to them and your rent. You really need to clarify these facts.

The really bad news is that you may be "jointly and severally liable" with the vacating tenants and could be liable for the full rent of the property until new tenants move in.

I think the OP is still a licencee/lodger as they didn't sign the second lease either.....

johnnyonionring

odds_on wrote: »

With people sharing a room, a 60:40% would, IMO be a fair way of splitting the rent. Utilities would be 1/3rd each (if 3 people sharing).

To whom did you pay your deposit, the couple who were originally in the apartment or to the Agency/landlord. I fear that you were originally a licensee/lodger especially if you paid your deposit to them and your rent. You really need to clarify these facts.

The really bad news is that you may be "jointly and severally liable" with the vacating tenants and could be liable for the full rent of the property until new tenants move in.

I paid the previous tenants and when they left, the estate agent confirmed with me that they had passed it on to him. I don't understand how I can be liable though if I never signed any lease?

The_Morrigan

I suggest you ring the agent and ask him what is happening with the property, the couple that is leaving can re-assign the lease to someone else.