Eviction friction
Question
I rent a flat with two flatmates who are in a relationship. They have kicked me out because they want the flat to themselves. We have individual tenancy agreements and they expect me to pay the rent until the tenancy ends in two months, without me living there. I can't afford to pay the rent on this and another flat. Who is responsible for paying the rent and what are my rights?
Answer
I'm sorry to hear about the problems you are having with your flatmates. You say you share a flat with two other people, but you all have individual tenancy agreements. You do not say what type of tenancy agreement you have. If you rent privately and your landlord lives elsewhere, it is likely that you have an assured shorthold tenancy.
If you and your flatmates all rent privately, and all have individual assured shorthold tenancies then it's very unlikely that your flatmates can ask you to leave. You are responsible for the rent for your tenancy agreement and your flatmates are responsible for the rent on their tenancy agreements.
Only you or your landlord can end your tenancy agreement. If your landlord wants you to leave they have to follow the correct legal procedure to evict you. I would advise you to discuss this with your landlord if you haven't done so already. Your flatmates may have no legal right to ask you to leave.
Usually, you will only remain liable for rent after you leave a property if you have not ended your tenancy correctly, for example, by giving the wrong or no notice, leaving during a fixed term (e.g. a six or 12 month agreement) when the tenancy agreement doesn't allow you to. Either way, it should be down to your landlord (or anyone who might be acting on their behalf, such as a letting agent) to take action to get the rent money from you. If you are just leavingthe flat as a result of the problems with your flatmates, it's important to establish that you don't owe your landlord any rent before moving out.
If you share a property or facilities with your landlord you will not have very many rights as a tenant. But you still have to be given reasonable notice by the landlord to leave the flat, unless you are in a fixed term. A fixed term can only be ended if your agreement says it is allowed.
You should not be liable for rent if your tenancy has been ended correctly. It might also be a good idea to get advice from a local service for help.
Updated: 26/09/2008
Question answered by Shelter
