end of sublease contract

[katenak]

Hi. I am a head tenant and the sublease contract with my flatmate is till 31 May.

 

 

I am not happy to leave with this person -after 6 months she's still a stranger, she treats this flat as a hotel, and I am a cleaner! She uses all my stuff in the kitchen and bathroom without permission (recently even toothbrush!)

I experienced also some difficulties to get money for the bills.

We lock our rooms as there is no trust.

I am fed up and found new subtenant already. (this is my friend)

 

 

I told her 3 weeks ago her contract won't be extended. She said that we have 1yr contract. I explained her that this is my contract as a head tenant with a landlord. The copy was given to her just for her information. Our sublease contract is for 6 months and it's signed by both of us.

 

 

I don't see she has started packing, she avoids me. I don't see her at all. I texted her confirm the moving out date as I need to return her deposit. No respond at all!

 

 

I had the same situation 1 year ago, I was asked to move out from my previous place. That things can happen to everyone.

 

 

What am I allowed to do if she refuses to move out? What can I do in this situation?

I have a new person- my friend - and he must move it on the 1st June.

I am also going for holiday beginning of June so it has to be sorted.

Am I allow to change the locks to this flat?

 

 

Can I get into her room on the 1st June? (Landlord has a spare key)

[raydetinu]

Did you have permission from your LL to do this?

I would suspect that the contract you have with her is not valid and she is in fact a lodger/sub tenant, with no rights at all!

So you could ask her to leave at any time with minimal notice, however normal to give at least a few weeks, in writing.

 

 

This may help-

http://england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

[katenak]

Thanks for your response.

 

 

yes, I have LL permission. The contract between this lady and myself is also signed by my Landlord.

 

 

He said that I don't need to terminate her contract in writing as the contract will expire by end of this month.

If she needs extra reason why she needs to move out I can tell her this is LL's request. (this is my Landlord's advice)

 

 

Is she still allowed to stay? she ignores me.

What is the minimal notice?

I am going abroad for 1 week on the 7th June- quite risky to leave her in the flat.

[raydetinu]

I still believe the contract is not valid! As she lives in the property with you, essentially a lodger.

Anyway, as contract ends soon, confirm in writing that she has to leave at the end.

You can change the locks and call the police to remove her.

Did she pay a any deposit?

[katenak]

yes, she has paid me half of the deposit I paid to the landlord.

 

 

Do I have to send it to her by post or I just have to leave it at her doors (it can be signed by a witness or LL if necessary).

Not too much time left.

[raydetinu]

Yes pay it back as soon as she has left, within two weeks or she could sue you for it.

 

 

Has the LL protected it, yours and presumably hers?

Will you have to replace her half of the deposit?

[katenak]

Deposit should be protected by LL as this is on the master contract.

I will pay her half as soon as I get the keys . I will need to deduct the bills from it.

 

 

Just wonder if I can leave a letter at her doors. If I send it be post she will not get it by Saturday.

 

 

Once again thanks for your advice.

[mariner51]

I am somewhat confused by this.

katenak is living in 2 bed flat with sub T & shared facilities? Sub TA only signed by katenak as sub T's LL resident LL, yet some portion of sub Ts deposir paid to katenak's LL?

Worst case scenario - OP could be held liable for non-protection of deposit, even if refunded before sub T vacates.

I think we need to know circumstances/conitions for LL allowing OP to sub-let? Is OPs LL pulling a 'fast one' which could have adverse consequences for OP tax etc?

[katenak]

I would say this is 1 bed flat as there is no living room. I used to rent it with my friend, both of us were in the contract. Unfortunately she moved out so I needed someone to share the rent and also pay half of the deposit as well. It should be protected - this is on this contract

 

 

I couldn't take a stranger on the same contract with a LL. So I have decided to be a head tenant and sublet the room.

I have LL agreement however I don't have a separate document from him. LL's consent is on the Sublease Agreement.

 

 

There is nothing re deposit on our sublease contract, however I put some notes on the side how much she paid me (first rent/deposit). My Sublease contract copy is the only one copy signed by LL as she couldn't find her one! I made a copy of this for her!

She has also a copy of my contract with LL just for her information.

 

 

I told her this contract won't be extended as I want to live with my friend.

I sent her a text to confirm the date- she ignored me!

 

 

Living with her is not easy! She is very noisy. She doesn't clean the flat and she also uses my personal stuff (including interdental brush!!!). etc. I have enough.

[raydetinu]

This could prove difficult for your LL?

Is your original friends name still on the original contract, or have you anything in writing saying you can take over the whole contract? and was she given back her half of the deposit when she left?

 

 

I now think you may have a problem in ending YOUR agreement with her as IMHO it is not valid as I said earlier, ( You as LL in effect cannot reside in same premises so possible excluded tenant ), but now, as you say she has replaced your friend on the original agreement.

 

 

So she may have a point that she has a 12 month contract as you do.

 

 

You may have to get legal advice, suggest you contact shelter, via website and ask for advice or post on the Landlord zone website.

 

 

One interpretation is she has no rights or in fact has AST rights? difficult! whole can of worms?!

[ericsbrother]

Is she simply a lodger? If so no rights to remain beyond any signed agreed time. In future do not offer a tenancy as you are not in a position to do so and offer to let someone become a lodger instead. All less complicated and as for the deposit, do not go there, jusr ask for the rent to be paid 1 month in advance.

[katenak]

It looks like we are just having some agreement.

This is a quite big relief! She will be packing on Friday, also my friend is going to buy some of her furniture (as this is part-furnished flat)

 

 

Re having a Lodger - do you have some links so I can read about it?

I understand I shouldn't take any deposit from a lodger?

I have a new contract just with my name (as the previous friend has moved out when our 1st contract expired).

[raydetinu]

All fine as long as she leaves!

proceed on that basis for now.

You can ask for a deposit from a lodger ( and it does not have to be protected ). Common Law applies.

[mariner51]

Shelter & CAB both have online advice leaflets on diff between tenants & lodgers, as does gov.uk website.

 

 

Will your new friend be another person sub-letting from you, a lodger or a live-in b/f?

If current flatmate does leave on Fri, return her deposit. You have been lucky IMO.

[katenak]

He is not my b/f. I think due to this experience he will be just my lodger.

 

 

I know I am lucky. This month was really difficult and now just few days left.

 

 

Thanks again for your advice!!!