I had to pay a whole year of rent for somewhere I don’t live—The Times
Senior associate Caroline Brosnan has been quoted in an article from The Times exploring what options students have when housemates and landlords don’t get on, in response to a reader’s question.
The reader is seeking recourse for a situation in which they are having to pay rent for a room they haven’t occupied for some time. The article states that in future, the reader should vet potential roommates properly, but in their present predicament, should check if the tenants are violating the terms of their contract (by making the house unliveable).
Caroline is quoted as saying that a “tenancy agreement is a legally binding contract so it should be approached with care. Like checking a refund policy when shopping, it is sensible to consider what would happen if things don’t go as planned, particularly since rent is usually our largest expense.”
Negotiating a break clause at the outset would be sensible but landlords often resist these, especially in university towns where demand is high before the academic year…Sam did all the right things by seeking a replacement tenant and asking the landlord to re-let but was let down by a lack of support from both landlord and housemates.
Looking ahead, the legal position will change once the Renters’ Rights Bill becomes law. While it won’t apply to university-owned or some purpose-built student accommodation, it will cover private sector student tenancies, including HMOs. Students will then be able to leave by giving two months’ notice, even mid-academic year.
The full article is available to read online at The Times by subscription only.
About Caroline
Caroline Brosnan is a senior associate in the property litigation team. She has substantial experience in a range of housing and property matters, including possession, homelessness, injunction and disrepair claims. She also pursues claims on behalf of clients for breaches of the Equality Act, including racial and disability discrimination.
Get in touch
If you would like to speak with a member of the team you can contact our property litigation solicitors by telephone on +44 (0)20 3826 7525 or complete our enquiry form.
