Risky Business
When three friends signed a joint tenancy of two years, they fully intended to stay for the whole 24 months. But six months later, one of them—let’s call him Jordi—is getting ready to leave London.
A clause in the friends’ tenancy agreement states that early surrender will be granted, on condition that the outgoing tenant finds a replacement. This was easy. Reece, another of their friendship group, was looking for a place. The others, Aiden and Dirir, agreed they’d happily share with Reece and his PS5. So Jordi wrote to the managing agent, giving more than the required one months notice and Reece’s details.
Then, last Monday, the managing agent called Aiden and said that that the new tenancy agreement, with Reece’s name on it, would be for six months. The landlord has decided to sell up, apparently. Because she wants to sell with vacant possession, she’s only willing to offer a new contract of six months duration.
As there are 18 months left of their current tenancy, Dirir was puzzled. He ‘phoned Mumsy who suggested that he or Aiden should contact Renters’ Rights London.
Because there’s no legal right to leave a contract before the end date, a landlord or agent can impose conditions before agreeing to early surrender. Expecting an outgoing tenant to find their replacement is not an unusual condition but it can give the false impression that the same tenancy will continue, with one name crossed out and another written in. That’s not how it works, though.
Everyone in a joint tenancy is “jointly and severally liable”. When a landlord (or their agent) agrees to early surrender for one person, that tenancy is ended for everyone named on it. When someone new moves in, a new tenancy is created. And this new tenancy does not have to be the same as the one before.
While their two year tenancy is still effective, these renters are in a much stronger position. They should not rush to sign a six month tenancy agreement, then. Instead, they could attempt to negotiate with the landlord directly, in writing. But none of the three feels confident enough to do that. They don’t think it will help. It feels pointless.
There is another possibility. It’s not a good option but these guys think it’s the best available option. It is risky, though. Reece could give his deposit money to Jordi and accept that his deposit is not protected in the way it should be. That’s risky. Jordi would get his full deposit back that way but would also still retain legal liability after he’s moved out. That’s risky. And as many tenancy agreements contain a clause expressly forbidding sub-letting, Aiden and Dirir would be at risk of eviction under section 8. If that were to happen, Reece would have to leave with them. Whether or not that happens remains to be seen.
Renters’ rights in practice
Passing a law is half the battle. Using that law—practical application of the legislation—is the other half. Along with other members of the Renters’ Reform Coalition, Renters’ Rights London is concerned that certain of the grounds for eviction as set down under section 8 of the incoming Renters’ Rights Bill might undermine the aim of increasing tenants’ security. News of a tribunal case in Scotland confirms that our fears are justified.
Access to advice and support in exercising our new rights is essential. We remain shocked and dismayed to learn that Advice for Renters, based in the London Borough of Brent, has had to close. Jacky Peacock OBE, Head of Policy at Advice for Renters, told us
‘The basic underlying reason for closure is the gross inadequacy of legal aid fees. Unless there is an increase in fee levels and a change to the unnecessarily bureaucratic paperwork, the current crisis in access to housing justice is only going to get worse.’
Jacky Peacock was awarded an OBE for her distinguished service to the then-Brent Private Tenants’ Rights Group in the New Year Honours of 2001. Stalwart in the struggle for housing justice, the wisdom of her long experience makes an enormous contribution within the Renters’ Reform Coalition.
To make sense of our new housing rights, we need more housing advice services, not fewer. We need more legal aid, too. As our friends from Living Rent Scotland, the Scottish tenants’ union point out
‘Time and time again, we see landlords evict tenants under the pretence of selling the property only to increase the rent just days later….Landlords know the rules, yet they continue to try underhand tactics to maximise their profits.’
Take part in a study on private renting and dementia?
By 2040, the number of people living with dementia is expected to rise to 1.4 million in UK. Modelling commissioned by Independent Age shows that, if current trends continue, more than one in every four older people could be privately renting by then. Today, it’s estimated that 982,000 people have dementia (but more than one-third of those do not yet have a diagnosis). We don’t know how many may be private renters but the number will be growing quickly.
There are significant difficulties linking housing, health and social care services and support. People with dementia are not much considered in current housing policy.
‘The needs of renters with dementia have not been sufficiently researched and it is an issue that needs more awareness’ says Dr Elyned Whitfield, a researcher at Queen Mary University of London. For that reason, she is working on a project exploring the needs and challenges of private renters with dementia and their family carers.
Ellie Whitfield is also looking for participants to co-produce a short film, to raise awareness of the needs and challenges of private tenants with dementia. The film will be shared with policymakers and agencies. If you, or someone you know may have insights into the issues, please contact or call Ellie on 07349 044794 for more details.
Feeling hot at home?
As well as feeling too cold in Winter, some homes feel too hot in Summer. Dr Rosie Knowles is a community researcher and geographer currently exploring how rising Summer temperatures are affecting people’s physical and mental health, particularly in homes that are hard to keep cool.
Rosie is hoping to chat informally with Londoners—everyone who lives here now is a Londoner now—about how hot weather is discomforting daily life. That could be difficulty sleeping or increased stress, exhaustion or concerns about a health condition made worse by heat. These conversations will be informal and can be anonymous.
‘If you’re open to a short chat over a coffee, a walk, an online call or even just a phone call, I’d really appreciate hearing from you’ she says. ‘It would be great to hear your first-hand experiences, with the intention to shape policy relating to heat in homes.’
So, if you’re feeling the heat at home, please contact Rosie Knowles.
