Back Rent

[JammyJim]

I have recently had to move out of a flat I had been living in for 2 years. Originally there were 3 of us, then my flatmate's girlfriend left, leaving just 2. We had never had any problems with rent until about March when my flatmate got a new job. He was paid weekly and me monthly so Instead of me paying the rent every month he was going to do it when he saved up his wages, I paid him and continued as normal.

I discovered one month ago that April and May's rent wasn't paid when the landlord asked for payment, My flatmate said he would pay before 13th June (we paid rent on the 16th of each month) The landlord stated that we either pay or leave. A few days before my flatmate left, I did not have the money to pay the rent again so I had to leave as well. He checked the property after we left and initially asked for two months rent and a month's notice, As he demanded we leave does that mean he cancelled the tenancy and do we owe a month's notice? Also our deposit was 1 1/2 month's rent which means we owe 1/2 a months rent. When I offered to pay the 1/2 months rent he turned round and stated that he made a mistake and that he wanted three months and months notice plus that we had trashed the flat, He had inspected the flat 4 weeks prior and stated that everything was ok! (no inventory was taken at the start or end of the tenancy) I do not know where my flatmate went and now the landlord is threatening me with legal action and asking for even more money can he do this as it seems that he is now just asking for even more, also as we left before our month's rent was due (we left 13th, rent due on 16th) do we owe for june as well.

I would appreciate a little help as I always pay all my bills and having glowing references from all my previous landlords and this has got me really worked up!

[Trenners]

Hi JammyJim,

This is a real mess.

You are certainly responsible for April and Mays rent. Most tenancy agreements make tenants "jointly and serverally liable" - which means that if your other flatmates don't pay the rent then YOU can be held responsible for ALL of the outstanding rent.

If the tenancy was a "statutory periodic tenancy" - ie: the initial fixed term tenancy had ended and a new tenancy agreement for a further fixed term had not been signed - then the tenant must alwaysd serve 1 months notice from a rent day (ie: 16th of the month). As you left (ie: served notice) on the 13th June then you would also be responsible for the rent due between 16th June and 15th July.

I understand that the landlord has withheld your deposit - which covers 1.5 months of the 3 months outstanding rent.

So - legally - you owe the landlord 1.5 months rent. In addition - you need to reach some compromise over the damage that has (or hasn't) been done to the property.

If you do nothing then you run the risk of the landlord taking you to the small claims court for the outstanding rent and damage done to the property.

I recommend you urgently call a meeting with the landlord and see if you can reach some form of compromise. Hope this helps ...

Mark

[JammyJim]

Hi there

Thanks for the help, just wondering, the landlord came round 16th of May, viewed the property, told us everything was ok and got us to sign a new tenancy agreement. I understand about the one month's notice but he told us to vacate by the 13th of June he didn't even give us a week to try and sort payment out as he told us this on the 8th/9th so how can we give one months notice!?

We didn't sign any inventory so its our word against his, which I understand, when it comes to what he claims are damages. the property minus wear and tear and a little mold on the ceiling in the bathroom was in almost exactly the same condition as we got it (very tired looking) It seems as though he is trying to get us to pay for the improvements to the flat!

He originally asked for 2 months rent in his initial demand when I attempt to come to a comprimise over this he changed it to three months can he do this? It feels like he is trying to play 'hard ball' with me?

Thanks

[Trenners]

Hi JammyJim,

Given that the landlord (illegally) served notice on you (ie: didn't give you at least 2 months notice) on 13th June - then the fact that a new tenancy agreement was signed on 16th May is probably irrelevant because the landlord is in breach of any signed contract.

I would now "play hard ball" with the landlord.

Write to the landlrod and state, in your letter, that you will pay the outstanding rent (less withheld deposit) and will also pay an additional sum to cover damage etc (if appropriate). Give the landlord 14 days to reply to confirm that he will accept your offer "in full and final settlement".

Do not part with any money until the landlord replies.

If the landlord does not agree with your offer then he will need to take you to the small claims court and the court will decide whether the landlord is being reasonable or not.

Good luck - feel free to drop me an email to mark.trenfield@btopenworld.com if you want to discuss further,

Mark