Verbally Abusive Live-in Landlady and Doctored License/Contract | The Tenants' Voice
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Verbally Abusive Live-in Landlady and Doctored License/Contract

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84 views 1 replies latest reply: 03 March 2017
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Tenant

Hello, I’m looking for some advice on my housing situation.

I’ve put in my notice asking for early termination after a month of living in the property. Ideally I’d like to vacate as soon as possible but my license is until Summer, and states that I need to find a replacement lodger or else I’ll be liable for the rent for the whole period. Finding a replacement would be the easiest option to pursue (there is also aggressive and intimidating behaviour on the part of the live-in landlady (LIL) that I do have evidence of) but the LIL is dragging her heels over this. I can’t pursue her aggressiveness I feel because I have very few rights as a lodger, and even fewer when referring back to the Lodger Agreement I signed. As you can see below, it mentions breach of the LIL’s obligations in the agreement, of which there seem to be none specified in the agreement itself.

“The Lodger may terminate this agreement at any time by serving notice on the Live-in Landlord (with 45 days notice) but unless the reason for termination is a serious or persistent breach of any of the Live-in Landlord’s obligations in this agreement the notice shall not become effective and the Lodger shall remain liable for the Rent until:
(a) The live-in Landlord has accepted the lodgers notice and agreed to release them from the contract
(b) An alternative lodger can be found.
If replacement occupiers cannot be found the Lodger will remain liable to comply with the terms of this agreement, including the obligation to pay Rent, until the end of the Period.
The Live-in Landlord will assist the Lodger in trying to find replacement lodger(s) but the primary responsibility for finding replacement(s) will be on the person(s) required or wishing to leave. The Live-in Landlord must also find the alternative Lodger to be a suitable candidate to live with before the replacement can take place.
If the period of the agreement expires, and a new dated contracted is not drawn and signed; the current contract will stand in place and run on a month-to-month rolling agreement where termination will require a 45 day notice.

Perhaps I should just give her a move out date and stop paying the rent, likely surrendering my deposit, but I’m concerned she’ll try to take me to court.

“COSTS The Lodger will pay the Live-in Landlord all costs reasonably incurred in enforcing the Lodgers’ obligations in this agreement or arising from a breach of them (including an interest charge of 5% per month of any due but unpaid sums, any bank charges which the Live-in Landlord incurs as a result of late payment, and an administration charge of £10 per person towards the administration costs of dealing with the breach).
Any sum the Lodger is liable to pay for loss, damage, or a breach of their obligations in this agreement”

The clause mentioning harassment seems only to apply to the lodger’s action also.

“The Lodger will not cause any nuisance, offence, disruption, harassment or persistent disturbance to others and the Lodger will have due regard for the privacy, safety and well-being of the others sharing the Property and to the occupiers of neighbouring properties.”

She continues to make it impossible to live at the property, blowing up over minor things and sending long agressive messages or stopping me in hallways to complain over something or the other. It’s like living in a constant state of anxiety, when you’ve got plates spinning constantly in a bid to live peaceably and still don’t know what next issue will arise that will be thrown out of proportion, I’ve compromised and compromised (going so far as to not leave any dishes sitting anywhere) and I’m still having to do so now while she keeps delaying responding to the formal email she requested.

If you have any suggestions I would very much appreciate them.

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Tenant

Hello,

The Lodger agreement is not the only thing that regulates your relationship with LIL.

The official legislation is above tenants agreements / lodger agreements and any rights and responsibilities that are listed in the contract must follow the official laws and guidelines. 

What this means is you don’t need to have harassment mentioned in the lodger agreement to take action against your LIL for harassment. 

If you have recorded evidence that CAN classify as harassment, you can use this leverage to push your LIL into releasing your for your binding tenancy OR to allow you to find a new lodger without interfering. 

Here is our article on harassment – http://www.thetenantsvoice.co.uk/advice_from_us/illegal-eviction-and-harassment/#What_is_landlord_harassment

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