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Tenancy Agreement required by landlord but no exclusive-use room rented?

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291 views 1 replies latest reply: 02 November 2015
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Tenant

Long story short – my son 20 (B) moved in with his friend, 21 (A) and his friend’s mum (C). C subsequenlty moved out leaving the boys to pay rent.

However, she did not move out all her belongings leaving 1 of the two rooms full of furniture.

Therefore B and A share a room in the house.

To complicte further A is now living as a female.

C wants B to sign a tenancy agreement for 3 years, where A is the guarantor and B the lessee. She also requires B to make the house good (not repairs for damage he has done, just make the house in a good state of repair)

Where does B stand legally?

I didn’t think you could let out a room when it is shared??

Please help

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Administrator

Hi Natalya

I don’t think there’s any problem renting a shared room – although presumably the tenancy would cover the entire property not just one room?

Three years is a very long tenancy – most tenancies are for 12 months with a six month break clause. I’m not a lawyer but I would recommend that if your son decides to do this he only commits to a year and asks for a six month break clause. Otherwise, he is bound to pay rent for those three years and there is no way out (other than via the courts usually). So, C wants to make your son responsible for the rent payments? If they are sharing the rent then that just doesn’t make sense, they should just split the cost surely.

Tenants are only liable for damage related repairs. It’s up to landlords to get their own properties to a decent state of repair before tenants move in. Is C actually the landlord? It’s hard to tell from your post. If she wants your son to do this then I’d suggest she pay him a market rate for the work. It would be wise to make sure your son does an inventory at the start of the tenancy – he can do this himself there is a sample inventory here. He should fill this out so that it makes clear anything that is in a poor state of repair at the start of the tenancy then send a copy via email to the landlord. If he doesn’t do this then the landlord (C?) may try and keep some of his deposit at the end of the tenancy by claiming this is damage he has caused.

Speaking of the deposit, presumably he is going to pay one? If so, the landlady is legally obliged to protect it with one of three deposit protection schemes. This is a legal requirement where there is a tenancy and means that if she tries to make unfair deductions at the tend of the tenancy your son can dispute them via the scheme and the landlady will have to prove her entitlement to retain them.

Hope that helps

Alex

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