This is a question to the blog clinic from Anna, who is a tenant in England.
I moved into the HMO property in March 2024 (one tenant out of 4 moved out and I replaced her) where we signed a new agreement with all other tenants (we are all liable according to the contract).
I paid my deposit to the previous tenant and they edited our names to the Deposit Certificate with the 2010 date.
The landlord gave a 2-month notice within the first 3 months of the tenancy (as I’ve recently noticed we have a no break clause within the initial 6 months). I’d like to know if I am able to complain and expect them to cover expenses for a more expensive rent, moving costs, broadband cancellation fees, etc.
They have been renting out the flat since 2010 and when I moved in 6 March 2024 we signed a new contract. They sent an inventory list back from 2010 and expect us to have the property in the same condition (it wasn’t signed by me or any current tenants at any point).
Speaking of the TDS, instead of re-processing the deposit, they edited our names in the deposit certificate with the start date of tenancy to 2010, which doesn’t look legal. I don’t feel it’s fair to expect us to be responsible for all tenants that have been living in the property since 2010 when I personally moved in just 5 months ago.
I’d like to understand my rights in this situation as this has caused me financial loss, stress and I understand this agency has been very unfair. I am a Ukrainian refugee so I might not understand some legal things and would appreciate any help.
P.S One of the tenants refused to pay for the last rent, and the agency and landlord were super pushy and demanded to cover her rent. They didn’t show any sympathy or appreciation for this and created a lot of stress by their emails that weren’t showing any sympathy towards us being vulnerable in this situation.
Answer
Your landlord’s notice
I assume the two-month notice served by your landlord is a ‘section 21′ possession notice. However, as you signed a new tenancy, I doubt whether this is valid.
You need to check the tenancy agreement that you signed to see what the ‘term’ of the tenancy is. Normally it will be for six months or a year.
The term (or fixed term) is the period of time that your landlord has agreed to let the property to you and your co-tenants. The significance of this is that during this period, he cannot evict you under the ‘no fault’ ground for possession.
So, if the notice he has served on you will expire before the end of the fixed term of your tenancy agreement, the notice is invalid. This means you can ignore it and stay in the property. So the question of compensation for moving expenses etc, does not arise.
You will find more information about possession notices and tenants’ rights on my Renters Guide website here.
The Deposit
If you did not agree to or sign the inventory I doubt it will be enforceable against you. It was signed by tenants in respect of the previous tenancy.
To be able to claim for damage your landlord must show that the item claimed for was in good condition at the time the tenancy started. Which is March 2024.
So if a claim is made which you do not agree with, you should apply to your deposit scheme and ask for the claim to be referred to adjudication. There are time limits for this so do not delay.
If it is necessary for you to do this, you will find guidance on your scheme website, plus the scheme has a free telephone helpline which you can ring for advice.
When challenging the deduction (which should be done by all tenants jointly), make sure you tell the adjudicator in your application that the item was damaged before the start of your tenancy and that the inventory relates to a different and older tenancy.
You will find a free article on tenancy deposits on the Renters Rights Guide but you will have to sign up (which is free) to read it.
Rent arrears
So far as your final point is concerned, if you signed a tenancy agreement jointly with the other occupiers, you are, I am afraid, jointly liable with them for all of the rent, not just your share.
So, the landlord (or his agents) is entitled to ask the other tenants to make up the difference if one of your co-tenants fails to pay.
I know it seems harsh, and I am sorry the agents approached this in an unsympathetic way, but they were within their rights. If you feel that they were unnecessarily unpleasant about it though, you could consider making a complaint to their Property Redress Scheme.
If you want further advice, generally, you will find a list of further advice services here (some of them free).
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