Individual tenancies

Where a single landlord lets a single unit to a single person, life is pretty straightforward. Leases are agreed, signed, witnessed and dated, money changes hands and there are no other parties to complicate this arrangement.

Tenancies for couples

Similarly, where couples (of either sex) take on a single unit, they enter a straightforward joint tenancy with their landlord. Both sign the same lease, meaning they have joint and several liability for the tenancy – in other words, each is liable for the other’s commitments agreed in the lease. If one party doesn’t pay rent, the other party is liable for the whole rent owed. Likewise for damage, whoever causes it, the pair of tenants always remain jointly responsible. However, many tenants take on a place with a spare room then decide to sublet it without consent. Expect much tougher restrictions on this from now on as three non-related individuals sharing a single unit may bring your landlord into costly licensing requirements. Rent a place that you can afford without subterfuge. Most tenants rent what they need, not spare space.

Joint tenancies

In a joint tenancy every tenant who signs the same lease is bound by the same terms, known legally as joint and several liability.

This is a very common scenario and, in any group of tenants even when they have been the best of pals, all being liable for each other can have significant implications. Here are the first four that I think of, there are 40 more combinations of complications I could have written here given space.

• If one tenant decides to leave, and gives notice to the landlord/ agent, technically the tenancy of you all can fold.
• Alternatively, if one tenant leaves, and the others agree jointly with their landlord to stay on, the remaining tenants are responsible for the whole of the rent, not just the percentage they were each paying before.
• Tenants need consent to replace one outgoing tenant with another person. Most managers will want to run credit checks and take up references at the very least. You can’t invite perfect strangers to live in your landlord’s building. It’s a clear breach of the lease. Changing tenants should trigger new lease signing procedures because a new group of tenants will be creating a new joint and several liability lease. Where agencies are involved, expect a batch of new charges.
• One tenant moving on will often require some arrangement for return of their deposit, triggering more charges for inventory checking to ensure no damages need paying for, prior to any refunds on deposits.

On and on run the ways that multiple occupation can cause headaches on both sides of the contract. Make sure if you agree to move in with others and tie yourself into this type of arrangement, that all of you will be able to stay the course of your initial fixed term or absolute chaos can ensue.

Complexities of joint tenancies

Here I’m just scratching the surface to give you an idea of how they work, but joint tenancies are complex, as are a number of other ways of occupying houses either as groups, or collections of individuals. But, like licences, many thousands of successful joint and several liability tenancies are set up, run well and conclude happily each and every year, without a hitch.

Although brilliantly successful, there are significant safety issues that the government has finally addressed in its 2004 Housing Acts – in a valiant effort to raise standards for sharers, who are often the least financially equipped people and who some in our industry seem to unfortunately regard as ‘fair game’ for lousy conditions. (See Lesson 14 on Houses in Multiple Occupation for some strict new legislation to protect you. Frankly, together with deposit protection, this government has made real efforts to protect private rented tenants. Bravo!)

Joint tenancies are quite complicated to run for landlords/agents too. It can be really difficult for example when one tenant wants to leave, and wants their share of the deposit back. The landlord or agent won’t give back any part of the deposit before the property has been vacated and inspected. In some cases they will let you find another sharer, and the new tenant can ‘buy out’ the outgoing tenant’s share of the deposit by paying them direct.

In these circumstances you’re all likely to need a brand new lease – tricky for the tenants, tricky for the landlord when tenants have already used up most of their first fixed term and don’t want another whole six months’ liability. (This could be a situation for good, trustworthy tenants to be offered a new tenancy on a contractual periodic basis. However it’s always a difficult call for landlords/agents simply because guaranteed ‘no fault’ possession slips six months into the future each time a new lease is signed.)

If one party doesn’t pay their share of the rent on time the rest of you will have to make it up. If one party causes major damage you are all jointly responsible for the total cost. Many a large deposit has evaporated in this way. These tenancies can be messy and fraught with unseen problems. You need to thrash out all these types of issues before you embark on one.

Multiple individual tenancies in a single dwelling

If joint tenancies are tricky, sharing the same house with strangers can be infinitely trickier. If four people share a building and each has signed an individual lease, co-ordination can be a nightmare and lead to very disruptive lifestyles. Who’s responsible for cleaning up? For reporting faults? How are bills shared? How can the outgoing tenant get at least a part of their deposit back? Will s/he get it back from the management – or from the incoming tenant?

Say one gives notice to quit, while the other three wish to stay on, the landlord faces either a period of three-quarters rent (because no tenant is liable for anyone’s rent but their own), or the unenviable task of trying to find another single person to fit in with the existing tenants – who can deliberately make people feel pretty unwelcome if they’ve already formed a tight clique. Besides which, these type of leases rarely all start and finish simultaneously. The landlord then faces the impossible task of trying to assess who is responsible for what damage or mess, as one tenant demands a deposit return when they move out, and all the others deny responsibility for a thing. (Again, an interesting situation that arbitrators of the new tenancy deposit schemes may struggle with too!)

Families (parents and children)

Families will usually be regarded by management as a single group or household. Adults will sign the single lease. No one aged under 18 is legally allowed to enter a contract. While few families choose to rent for long, many find themselves renting to cover short gaps, perhaps between buying/selling houses. Other family groups may be housed by landlords on Housing Benefit arrangements as a more long-term agreement. In these circumstances that same joint and several liability principle applies to the household members.

Oral agreements

Tenants and landlords may not have a written agreement but a verbal one. (Please check out Lesson 7 where your contract rights and responsibilities are explained a bit more.)

Some landlords prefer to not give anything in writing; presumably believing that they have given away less rights this way. This isn’t the case. Not for either party. Tenants’ drawbacks are immense where no paperwork framework exists. It can be almost impossible for tenants to prove that they haven’t agreed to a fixed term of, say, one year, which would allow their landlord or agency to pursue them for any rent or outgoings during this period, unless they have something in writing. Both parties are much better protected with some written evidence of their contract.

Given tenants’ vulnerability without written details of their tenancies, they are entitled in law to certain details in writing, if their tenancy began after 28 February 1997. Any tenant can make a written request to their landlord for the following details, and the landlord is obliged to provide, within 28 days, a written confirmation of:

• the date the tenancy began
• the amount of rent payable, and the dates on which it should be paid
• any rent review arrangements
• the length of any fixed term which has been agreed.

If your landlord refuses to provide this written statement or ignores your letter, you can get in touch with the local authority or the Citizens’ Advice Bureaux, and they will help you. The landlord is actually liable to be fined if they won’t provide you with this basic statement. For those of you who rent through agencies, and who have not been given the address of your landlord, write to the landlord via your agency. If the agent will not forward your written request for a statement, again contact one of the sources previously given, as you have a legal entitlement to be provided at least with the basic framework of your tenancy on paper.

Oral tenancies which started before February 1997

Some tenants with oral tenancies, which were agreed before February 1997 and are still running now, may in fact have the benefit of an assured tenancy, because, as was mentioned in Lesson 7, many landlords did not realise that prior to that date, by failing to serve a Section 20 notice on their prospective tenant before the tenancy began, they were automatically creating an assured tenancy, with much more security. Again, what your landlord said can be much less significant than when they said it. If you think that this applies to your current circumstances, make an appointment and take advice.

Who is responsible for repairs?

Landlord responsibilities

With an exception that is unlikely to affect any assured shorthold tenant or licensee (i.e. leases of longer than seven years), all landlords have a statutory repairing obligation on them under the Landlord and Tenant Act 1985 for the following.

• The structure and exterior of the property, which usually includes drains, gutters and external pipes.
• Baths, basins, toilets, showers and other sanitary fittings.
• Heating and hot water facilities.
• Gas and electrical services.

They are liable under different legislation for furniture safety, gas safety and for environmental health, fire safety requirements plus liabilities under common and civil law.

Tenant responsibilities

The tenant is under a legal obligation to behave in a tenant-like manner, and to conduct themselves in a way which will take care of the property. Routine care is implied in all tenancy agreements – this includes both the building and its contents.

• Turning off water or boilers, e.g. when going away in the winter if the heating is switched off. Better still, if the weather’s cold, leave the heating on low and continuously to prevent problems while you’re away.
• Mending fuses, replacing light bulbs, etc.
• Unblocking sinks, or other, which they have blocked with their own waste.

In addition tenants are responsible for not damaging the property, either deliberately or carelessly, and for ensuring that their guests don’t either.

Repair issues

Always know exactly where to report faults or problems to, before you move in. All faults and any accidental damage should be immediately reported to your landlord/agent. However some things require immediate action on the tenant’s behalf like turning off services that have faults. Always report any action to your landlord/tenant as soon as practicable.

Before you move in ask the landlord/agent how to operate the fuse box and how to turn off all electricity should a serious incident occur. Familiarise yourself with the gas supply and make sure you know how to turn off the whole supply in the event of possible leaks.

Ask where the stopcock for the mains water supply is, in case a pipe bursts, so that you can cut off the water.

Suspected gas leaks

All suspected gas leaks should be reported direct to Transco (number under Gas in Yellow Pages) who will give you advice over the phone. Also notify your landlord/agent that you’ve done this and ask for advice.

Major problems

If the problem is major (no heat, faulty cooking facilities, a broken fridge) landlords/agents should begin dealing with this immediately (say within 24 hours). If they don’t, make a second call within 48 hours. If they still haven’t organised essential repairs, write to them formally and complain, recorded delivery.

Lost keys are urgent and infuriating. Look after your keys or expect to be charged for key callouts.

Where landlords ignore repeated requests for repairs that are their obvious responsibility, take advice from one of the many services suggested earlier which help tenants with troublesome landlords.

Where tenant responsibilities lie

Remember, you cannot hold your landlord/agent responsible for the consequences of damage if you haven’t notified them that a problem exists. Nor can you hold your management responsible for damage to your own things caused by unreported problems.

For example slowly leaking pipes can wreak havoc in units. If you find evidence of water coming out of anything but a tap, there’s a real problem and it needs reporting immediately. Not reporting obvious problems – especially ones with potential knock-on effects – could be construed as negligent conduct.