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Can a landlord retain overpaid rent from one tenant in place of rent not paid by another? — by Maria Mason — last modified 2009-01-01 18:51

Can a landlord retain overpaid rent from one tenant in place of rent not paid by another? I was living in a shared house on a joint tenancy but forgot to cancel my standing order when I moved out. Subsequently, two payments have been made beyond the 12 monthly payments of the contract. However, the landlord refuses to return this amount because two of my former housemates failed to pay one months rent each. Is the landlord entitled to use overpaid rent in this way?

I have an Assured Shorthold Tenancy Agreement for 12 months but need to vacate after 7 months. Do I have to pay rent for the whole 12 months? — by Maria Mason — last modified 2008-12-30 19:27

I am a tenant with an Assured Shorthold Tenancy Agreement. My initial agreement is for 12 months but due to relocation I might have to vacate the property after 7 months. Do I have to pay the rent for whole 12 months or can I cancel it by giving 2 months notice? Is there any way out?

Do I have any rights as a private tenant to stop my landlord increasing my rent excessively? — by Maria Mason — last modified 2008-12-27 19:47

Do I have any rights as a private tenant to stop my landlord increasing my rent by such large sums of money? I have been in my house for seven years and it has gone from £400 to £650 per month and he now tells me it is going up to £700 for a very small two up, two down semi.

Can I terminate my tenancy two months into the six month term because my landlady and her children are banging and jumping on the ceiling above my flat all the time? — by Maria Mason — last modified 2008-12-23 16:45

I want to terminate my Assured Shorthold Tenancy Agreement two months into the six month term because my landlady and her children are banging and jumping on the ceiling above my flat all the time. She acknowledges this verbally but if I can't get her to put her agreement in writing where do I stand if she then decides to hold me responsible for the whole six month term? I've written to complain twice. Before we moved in she volunteered information that she'd had the floor soundproofed, but suggested we “see how it goes”.

My disabled tenant got the Council to remove the bath and put in a shower without my consent. I have now had to replace the shower with a bath again for my new tenants. Can I claim compensation? — by Maria Mason — last modified 2008-12-23 13:50

I own a property that I rented out to a disabled person and without my consent the Council removed the bath and replaced it with a shower. When the tenant moved out I had to remove the shower and replace it with a bath again as the new tenants wanted a bath. The Council say they acted in good faith as the previous tenant had given permission to do the work. Is this true and, if not, can I claim compensation?

I am the leaseholder of a shop premises and due to the credit crunch want to forfeit the lease. Can I do this and, if so, will I be subject to any legal costs? — by Maria Mason — last modified 2008-12-23 11:13

I am the leaseholder of a shop premises and, due to the credit crunch, business is getting tough. Is it therefore possible for me to forfeit the lease and surrender it back to the freeholders and, if so, will I be subject to any legal costs?

My son paid his Council tax but his two flatmates didn’t. The Tenancy has now expired and the Council are threatening my son with Bailiffs if he doesn’t pay for the other two. What can he do? — by Maria Mason — last modified 2008-12-19 10:10

My son shared a flat in London with two other young men. They all left when the Tenancy Agreement expired about six months ago. He paid his Council tax (and has evidence to prove this) but the other two didn't and now the Council are threatening to send Bailiffs to his new address unless he pays the Council tax for the other two. One has left the country and the other lives outside London. They are both refusing to pay. My son has an email address for one and a forwarding address for the other one. What can he do?

My tenants signed a one year tenancy agreement three months ago but they have given me two months notice of intention to leave. Am I entitled to claim the remaining rent that would have been due to me? — by Maria Mason — last modified 2008-12-09 16:35

My tenants signed a fixed term (one year) tenancy agreement three months ago and now I have been served notice from them that they want to end the contract and therefore will be moving out in two months. This is a breach of contract and surely they can't do this? Am I entitled to claim the remaining rent that would have been due to me?

My tenants signed a one year tenancy agreement three months ago but they have given me two months notice of intention to leave. Am I entitled to claim the remaining rent that would have been due to me? — by Maria Mason — last modified 2008-12-09 16:29

My tenants signed a fixed term (one year) tenancy agreement three months ago and now I have been served notice from them that they want to end the contract and therefore will be moving out in two months. This is a breach of contract and surely they can't do this? Am I entitled to claim the remaining rent that would have been due to me?

My flatmate and I are renting a flat and our landlord has told us to leave. The place we are moving to is not ready yet. Is it legal for our landlord to kick us out? — by Maria Mason — last modified 2008-12-09 11:45

My flatmate and I are renting an flat and our landlord sent us a letter a month ago saying that he will not renew our lease and telling us to leave by 6th December 2008 but on our contract it says that we have to leave by 14th December. Now he wants to change the locks. We have no issue with leaving but the new place we are supposed to move to is not ready yet and our landlord is threatening to kick us out today and we have no place to go at the moment and we do not know what to do. Is it legal for our landlord to kick us out?

My letting agent didn't vet the tenant moving into my property and the tenant has sub-let the property and is in arrears. Can I take the agent to Court for professional negligence? — by Maria Mason — last modified 2008-12-08 11:16

My letting agent didn't vet the tenant moving into my property and didn't give me a chance to either. I have since discovered that the tenant is not living in the property as he has sub-let it to his daughter who has been claiming benefits. She defaced the Tenancy Agreement to convince the Housing Benefit office she was the legal tenant, now £6,000 in arrears. The agent didn't even check the applicant's date of birth or address. Can I take the agent to Court for professional negligence?

Without warning my landlord changed the locks on the flat I had rented from him for 14 months and he now refuses to return my possessions. Is he allowed to do this legally? — by Maria Mason — last modified 2008-12-05 12:45

My landlord changed the locks on the flat which I had rented from him for 14 months. I wasn't given any warning he was doing this. I have asked him for my possessions which were still inside a number of times. He either ignores me or tells me to sue him. He says that as my 12 month tenancy was up he was allowed to do this. What is the legality of his actions?

I rented my property out without declaring this to my mortgage provider. They have now found out about this. What do you think they will do? — by Maria Mason — last modified 2008-12-03 12:42

I have a property which I have rented out for four years through an estate agent. I didn't declare this to my mortgage provider because I thought they would take more money off me and the reason I had to rent the property out in the first place was that I was in financial difficulty and still am. My mortgage provider has now found out and they are going to get back to me in the next couple of days. What do you think they will do? I can't afford to pay any more or any backdated payments.

My tenants had a fire in the kitchen and the insurers have declared the flat uninhabitable but the tenants refuse to move out. How do I get them to leave? — by Maria Mason — last modified 2008-12-02 12:34

I have a property I let on an AST. The tenants had a fire in the kitchen and the insurers have declared the flat uninhabitable. I have had approval from the insurers to have repairs carried out but the tenants refuse to move out. The tenancy ended on 30th November and they signed a new six month contract, but as the flat is not fit for habitation do I have to honor the new contract? How do I get them to leave quickly - they are not paying the rent either - and how can I end the tenancy?

We have just signed a six month Tenancy Agreement but have now received a Notice that a Court date has been set for a re-possession hearing by the mortgage lender. Is the AST still valid? — by Maria Mason — last modified 2008-11-26 11:19

Three weeks ago we signed a six month Assured Shorthold Tenancy Agreement with the landlord but last week we received a Notice to the Occupier that a Court date has been set for a re-possession hearing by the mortgage lender. Is the AST still valid or can we legally move elsewhere as soon as possible and not have to wait until the six months is up or we get evicted by the mortgage lender anyway? There have also been debt collectors knocking on the door and my son is now scared to be alone in the house.

Do I have a right to vacate my rented property as my landlord has failed to renew the Gas Safety Certificate? — by Maria Mason — last modified 2008-11-25 10:16

My landlord has failed to renew the Gas Safety Certificate. I have reminded the landlord of the expiry date on numerous occasions and have been told that it was being done but it never was. My last correspondence was from the landlord telling me not to contact him anymore. I have a young family, do I have any right to vacate the property even though there are five months left on the tenancy agreement?

I let a property through a letting agent who failed to put the tenant’s deposit into a deposit protection scheme. The tenant is threatening to sue but is their claim against me or the letting agent? — by Maria Mason — last modified 2008-11-20 12:55

I let a property through a letting agent who found the tenant, collected the rent and took and retained the deposit. Although the time of the letting was after the deposit protection legislation, the letting agent did not place the deposit in any scheme nor join e.g. mydeposit.com. The tenancy has now ended and I wish to retain some of the deposit for damage and cleaning. The tenant is threatening to take me to Court if I do not return the substantial part of the deposit and threatens to sue me for three times the deposit as per the deposit protection scheme as he knows that the deposit was not placed in a scheme during the tenancy. Please can you advise if his claim regarding failure to place the deposit in a scheme should be with the letting agent or myself?

I have a tenant who hasn't paid for three months. We have threatened eviction, what are we now legally entitled to do? — by Maria Mason — last modified 2008-11-14 17:21

I have a tenant who hasn't paid for three months. We have given two written warnings and threatened eviction, what are we now legally entitled to do and what is the correct procedure to follow?

My heating and hot water boiler has broken down and the landlord is taking a long time geting it repaired. What can I do? — by Maria Mason — last modified 2008-11-13 12:15

My heating and hot water boiler has broken down and the landlord is taking a long time geting it repaired. What can I do?

Does my landlord have to provide me with a live BT landline in the property? — by Maria Mason — last modified 2008-11-13 10:39

Does my landlord have to provide me with a live BT landline in the property, otherwise I can't get my comunications activated (internet, phone, TV)? I moved into the property three days ago and I realised that I can't transfer my landline and sky TV/Internet provider because apparently the line isn't active. The landlord and letting agency are forcing me to make a one off payment of £129.00 but I think that it is the landlord's house so he should pay it.