How binding is a lease if the landlord seems to be breaking the rules?
November 13, 2007 1:16 PM Subscribe
How binding is a lease if the landlord seems to be breaking the rules? (England & Wales)
My girlfriend has signed a lease that to me, looks a bit dodgy - but then, I know nothing of signing leases in England, only in Scotland. The landlord also seems rather shady and a borderline bully. He does, however, seem to be breaking some of the rules of renting. My question really is - can she walk away (and possibly get her deposit back via small claims, but that's definitely not a must) because he's not obeying these rules? The problem lies in this bit here in the lease:
"To give one month's notice of their intention to leave the property (this date not to be before the expiry date of this tenancy agreement), including the period after the fixed-term tenancy has expired, and to find a replacement accepted by the other tenants for their room when vacating."
This seems to suggest she needs to find someone even after the end of the lease, which is unlike anything I've heard of before. He doesn't seem to have an HMO license, and the house is occupied by five unrelated people including himself. In addition, the bond is not held by a third party under the deposit scheme. He's also asked (as a 'test payment to check the bank transfer') for payment of part of the rent up-front. I know it may seem selfish to some to want to break a contract, but as his general attitude is exacerbating her health issues, well, my conscience would be clean.
My girlfriend has signed a lease that to me, looks a bit dodgy - but then, I know nothing of signing leases in England, only in Scotland. The landlord also seems rather shady and a borderline bully. He does, however, seem to be breaking some of the rules of renting. My question really is - can she walk away (and possibly get her deposit back via small claims, but that's definitely not a must) because he's not obeying these rules? The problem lies in this bit here in the lease:
"To give one month's notice of their intention to leave the property (this date not to be before the expiry date of this tenancy agreement), including the period after the fixed-term tenancy has expired, and to find a replacement accepted by the other tenants for their room when vacating."
This seems to suggest she needs to find someone even after the end of the lease, which is unlike anything I've heard of before. He doesn't seem to have an HMO license, and the house is occupied by five unrelated people including himself. In addition, the bond is not held by a third party under the deposit scheme. He's also asked (as a 'test payment to check the bank transfer') for payment of part of the rent up-front. I know it may seem selfish to some to want to break a contract, but as his general attitude is exacerbating her health issues, well, my conscience would be clean.
There are also a couple of experts on landlord-tenant law at the uk.legal.moderated newsgroup. If you're lucky, one of them might answer your question.
Since it looks like she's an excluded occupier, the deposit scheme may not be necessary.
He's also asked (as a 'test payment to check the bank transfer') for payment of part of the rent up-front.
So? That doesn't mean you have to give it to him.
posted by grouse at 2:22 PM on November 13, 2007
Since it looks like she's an excluded occupier, the deposit scheme may not be necessary.
He's also asked (as a 'test payment to check the bank transfer') for payment of part of the rent up-front.
So? That doesn't mean you have to give it to him.
posted by grouse at 2:22 PM on November 13, 2007
A good place for free housing advice is the Citizens Advice Bureau. I've used them before and they know their stuff.
posted by poissonrouge at 3:52 PM on November 13, 2007
posted by poissonrouge at 3:52 PM on November 13, 2007
A test payment of a few pence can prove that the bank details are correct. If that's not good enough for him, then he wants the money for some other purpose.
posted by happyturtle at 9:35 AM on November 14, 2007
posted by happyturtle at 9:35 AM on November 14, 2007
This thread is closed to new comments.
Good luck!
posted by Arqa at 1:49 PM on November 13, 2007