Q:Ok, to set the scene, I moved into a 2 bed flat mid May and was effectively subletting from the guy that already lived there. He's been there for 3 and a half years, previously with a girlfriend but they broke up.
We informed the LA that I had moved in so I could be added to the tenancy agreement – all good so far.
Only, when the agreement arrived we realised that it would effectively create a whole new tenancy and tie us both in to a year long contract (with a break clause after 6 months).
Now, this would be fine, only my housemate is considering moving back to Poland and can't guarantee to me that he will be here for the next 6 months – should he move out I would be liable to pay the rent on my own or have to find another housemate.
So, we asked the LA if we could continue on the one month notice contract that my housemate was on before I moved in (his one year contract having expired and nothing new ever signed). They have said that we can't do this as it goes against the terms of a short hold tenancy agreement, and that if we don't sign the new contract they will have to recommend to the landlord to serve notice on us.
Now, I'm panicing slightly (!) but my housemate seems to think this isn't a problem as the landlord likes him, and will want us to stay rather than find someone new, and anyway they have to give us 3 months notice if they do want us to leave…
What are your thoughts? Are we being unreasonable in asking for the one month rolling contract thing? Can they legally insist that we sign up to a new contract?
Sorry – turned into a bit of a long one, but all help much appreciated…
This is your problem
The LL can serve notice on you to vacate the property at the end of the fixed term (6 months from the ????May)
Indeed, if your existing AST is only for 6 months, then the LL does NOT need to serve notice and you only have the right to occupy the property until the fixed period expires ( …..?????? October/November 2008???)
You are stuck between a rock and a hard place. You either have to vacate at the end of the fixed term or negotiate a new deal with the LL.
I agree that I should be on the TA, and I want to be, what neither of us want is for this to mean that we are both tied in to a longer agreement than my housemate already had in place before I moved in.
With regard to the subletting – what I meant was that I made the agreement to move in with my HM, rather than through the LA.
The previous tenant sub-letting sounds like a probable breach os the TA he holds – this could result in you both being evicted. Check the TA
Normally the LL only needs to give 2 months notice (but not within the fixed term anyway, except exceptional reasons) – again check the TA
If the current tenant gets on well with the LL, perhaps you will be fine, but without your name on the TA you have very little, if any, rights. What happens if you fall out with the tenant or the LL falls out with either of you?