landlord Archives - Emyr Pierce

Jun 12

Do I still have to pay my rent after I’ve moved out?

In my Tenancy Agreement there is a clause stating that if I wish to terminate the agreement and move out, I will still have to pay my landlord until a new tenant is found. Is this lawful?

All residential short-term Tenancy Agreements granted for a fixed term of at least six months, but not exceeding 12 months, are deemed to be Assured Shorthold Tenancies. These fixed term tenancies ensure that both the landlord and tenant are committing to a fixed period of a minimum of six months and a maximum of 12 months.

Should you wish to terminate this agreement before the end of the fixed term you may well have to pay your landlord rent for the balance of the agreed contractual term of the Tenancy Agreement unless your landlord can find an alternative tenant to take the premises within that period, in which case the landlord may, but is not obliged to, release you from the terms of your Tenancy Agreement before the end of the fixed term.

If you continue to occupy beyond the fixed term period specified in the Agreement then the Agreement can be terminated by either party giving the other notice to terminate as specified in the Agreement. Provided these notice periods are adhered to then you will be free to leave. Any Tenancy Agreement containing such a term stating that you are obliged to continue to pay rent until an alternative tenant is found for the property is not only unusual, but would probably be unenforceable and considered to be an Unfair Contract Term in so far as it relate to a period beyond the fixed term of the tenancy. The position should be easily clarified by talking to your solicitor.

Nov 8

Is it illegal for my former Landlord to open my mail?

Is it illegal for my former Landlord to open my mail? I moved out of the flat last month and he has opened two letters addressed to me at the property he rented to me.

Interfering with mail is technically an offence under the Postal Services Act 2000 Section 84. Proving it, however, is often difficult and in such circumstances former tenants can often leave debts and hoards of letters chasing outstanding payments etc.

Sometimes these have to be opened in order to establish the position if only to advise the author that the individual no longer resides at that address. Sometimes mail is genuinely opened accidentally.

In any event you should ideally have arranged for all your mail to be forwarded to your new address through the Royal Mail Redirection Service. Any subsequent mail received at the property could either be binned, opened, or destroyed by either the new occupant, or the Landlord and you would be none the wiser.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Sep 16

Am I responsible for the maintenance of my apartment’s balcony?

I am thinking of buying an apartment with a balcony on a new development in Cardiff Bay with a great view of the waterfront. But it is very open to the elements. Will I be responsible for the upkeep and maintenance of the balcony?

Lease documents issued for properties like this should define the balcony as a part of the external structure of the building – with the repair and maintenance the responsibility of the landlord and management company.

When buying a flat with a balcony, always ensure the lease specifies that it is a part of the external fabric of the building. The only part of the balcony you should be responsible for maintaining is the upper surface of the floor of the balcony.

One problem is that in many leases the balconies are overlooked and therefore the maintenance responsibility for the balcony may not be specifically mentioned. In such cases you will need a Deed of Variation of the Lease on order to record the maintenance arrangements for the balcony establishing what part of the balcony is the responsibility of the landlord and tenant respectively.

Aug 19

Can I rent out the parking space which came with my apartment?

I own an apartment in one of the new developments in Cardiff Bay where each resident is provided with a parking space. I don’t drive and want to rent out my space to one of the other tenants who has two cars. Can I do this?

Before you do anything you must consider very carefully the terms of your Lease. Many leases will contain the right to use a car parking space allocated to the flat rather than a parking space being included in the demised premises.

This is intended to specifically avoid situations where the tenant may assign his garage, or parking space, separately to a third party who may not even live on the development, as this can cause substantial technical legal issues as there will be no legally binding relationship between the landlord of the development and the person who acquires the parking space.

It is probable that the best you can hope for is an informal arrangement with a neighbour, but you must ensure that any such arrangement is authorised by the terms of your Lease.

You are strongly advised to seek the advice of a solicitor before making any such commitment as any breach of your leasehold covenants could ultimately result in the landlord forfeiting your entire Lease, and not just that part which relates to the parking space.

If there are separate leases for each of the flat and parking space then your proposals may be more likely to succeed.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk