The rights provided by law still stand in the way of the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease. The legal rights vary depending on the type of lease. You may also have signed an agreement that the property was granted under an occupancy licence. That is not enough to make the agreement a license. If a roommate terminates the lease, everyone must leave, unless the one who wants to stay can negotiate a new lease with the landlord. This is a complex area and you should seek advice. The contract may also contain information about your landlord`s repair obligations. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. When a person is mentioned as a tenant in the tenancy agreement, that person is subject to all the rights and obligations of a tenant under the Housing Act. If, for example, Joe and Beth are both listed as tenants in the lease and they do not pay their rent, the landlord can move in alone with Joe, Beth alone or by Joe and Beth. If you and your roommates have separate contracts with the same landlord, each of you is only responsible for your own rent.
This is probably the case, even if you share a kitchen or bathroom, especially if you have moved in at different times or if your landlord has found each tenant individually. Have a short-term rent, a rental agreement or a license – check what type of rental agreement you have if you are not sure what a contract says and what the lease actually is. For example, your landlord may say that the contract is not a lease, but an “occupancy license.” In addition, after signing the tenancy agreement, a tenant has no right to challenge the title of the landlord. Even if it were illegal, there would be nothing the tenant could do about it. They remain responsible for the rent (sorry!). This is not really a good idea, so you should add an adult as a roommate (who can also serve as a guarantor). Once the minor turns 18, a new lease can be signed under his name alone. Note, however, that although they cannot be legal tenants, a minor may be legally responsible for rent. So bet them on the lease, but have someone else out there as well.
It is a good practice that a written rental agreement includes the following indications: Ideally, you should include all adults who live in the property on the lease. If their name is not in the rental agreement, then you cannot sue them for rent if they do not pay, and their status will be that of the host or tenant. If your lease was started or renewed on Or after March 20, 2019, your landlord may also have a legal responsibility to ensure that your home is fit to live. This is called “fit for human habitation.” If you find that you don`t have a lease only on your behalf, the situation can be more complicated.
