View Full Version : Three housemates but no written Letting Agreement

11-03-2009, 11:39 AM
I have lived in my flat with two other housemates since November 2008. I am now looking to move out.
We have never signed a contract, our landlady is quite slack, she also hasn't completed any repairs/improvements which she promised she'd make before we moved in.
I want to move out by the end of this month, however I feel obliged to find a new tenant to take over my room. Because of the negligence of our landlady, I am considering instead, keeping my last months rent (rather than asking her for the deposit back), and just moving out. Because the flat is in a state of disrepair, it is going to be very hard to find anyone to move in.
If I were to do this, would I be held liable in any way or would my exisiting housemates? (they are staying in the flat) If there is no one to pay my share of the rent, is it her probelm or mine, or my housemates? I realise I should have been more vocal about getting her to produce a contract, and I am now worried this will work against my favour.
I have not yet told her I am moving out, she is notoriously hard to get hold of, and rarely answers her phone/any emails.

11-03-2009, 11:53 AM
Did L let:
a. the whole flat to all three of you; or
b. separate parts, one each?

Ignoring dates of 'moving in/out':
a. on what date did the letting(s) start;
b. what term period was granted; and
c. on what date will the letting(s) expire?

11-03-2009, 11:59 AM
She let the whole flat to all three of us, we all have a separate bedroom each. We share the kitchen/living room and the bathroom.

We moved in 1st November 2008, originally we spoke about being there for 6 months, but that we would take it month by month. There was no final decision made on letting tersm, as she said she would draw up a contract.

To be honest when I moved in, I thought that all home improvements were to be made, however nothing has been done, if anything, we have to sort things out and hope that she will reimburse us.

11-03-2009, 12:49 PM
So is it the case that:
a. there is only one letting of the whole;
b. all three occupants are joint tenants; and
c. L never drew a written AST?

It is then a monthly periodic AST from day1. Any of the 3 can unilaterally end it on one month's Notice, to expire at the end of a rent month.

mind the gap
11-03-2009, 16:25 PM
OP, if you give her the month's notice, do it in writing by registered post and email.

I take it you have her address?

I assume that by doing this you are terminating the tenancy for all 3 and the other two will have to negoitate with her they want to stay.

13-03-2009, 11:33 AM
I don't have her address no, only an email address.
I spoke to her yesterday, and she wants a months notice, but is happy to accept my deposit as last months rent.
She wants me to find a new tenant to move in, as the other two housemates (who are staying in the flat) cannot afford to pay my share. Due to the state of the house, I don't think this is going to happen anytime soon..
My housemates are not interested, and have taken the hump with me as I want to move out. I think they are taking it personally. I have given them a months notice to find someone, but are being really slack about it, and haven't tried to find anyone.
I woud like to just up and leave, but do not want my other housemates to struggle with her and then get evicted...