Student trying to get out of a tenancy agreement

AmyDee_3

Hi,

I'm currently stuck in a 12 month tenancy agreement that I need to get out of. I live with 3 other people, 2 students and one professional. I originally moved in with 3 students, but one moved out to go travelling and found the professional to replace her. I was not asked if I wanted this person living with me at all yet she was allowed to move in and has signed everything. I went home (I am a student, this is a house for university) and when I came back, I had an argument with this new girl. It started off over smoking. I am a non-smoker, we agreed it would be a non-smoking house and its in the tenancy agreement. When I came back they were all smoking in the house and refused to stop or even do it in their rooms. This is how the argument started. Anyway, I am now living on friends sofas which is really getting me down. I can't get a new property until I find someone to replace me as I can't afford 2 rents. I can't find anyone and I've tried really hard and gone down all the rooutes. One person was interested but the girls said no as they didn't want a male living there. Is there anything else I can do to get out of the contract?

Any help appreciated,
Amy

Fire_Fox

Is this a joint tenancy or do you have a tenancy agreement for each bedroom? Has the tenancy agreement you signed been cancelled? Have you signed the tenancy agreement with the new person on? What does the letting agent/ landlord say about the smoking and about the new tenancy? Have you tried to sort the disagreement out in an adult way - seems a bit drastic to move out after one big row?

G_M

If you have an individual agreement with the LL, talk to him( or the agent) about getting a replacement. In this case the other housemates should have no say. It's between you and the LL.

If you have a joint agreement, then I'd be tempted to tell the other tenants you are simply moving out. They will be 'jointly and severally' liable for the whole rent (as indeed are you). However, in practice the LL will find it much easier to chase the occupants for the full rent (including your 'share') than to chase someone (you) who has moved on.

This is not strictly by-the-book advice and doubtless others here will shout me down....however it seems the other housemates are giving you a hard time, so I'd not feel too bad doing the same.

Jowo_2

I agree with G_M that if you have a joint tenancy agreement, reminding them that they are responsible for your unpaid rent should you abscond, should make them less fussy about the replacement tenant and that perhaps you should just okay with the landlord, rather than them.

But you also have to remember that it's fairly easy for the tenants or landlord to employ a tracing agent at modest cost who could find where you've moved to, plus consider any impact from a bad reference or bad credit reference if you get a CCJ against your name.

You also have to remember that Landlord's do not want to be bothered with tenants relationship problems - tenant disputes are the responsibility of tenants to resolve, so you have to think about appealing to the landlord's pocket (namely that they'll suffer no loss by your early surrender of the tenancy).

Blacksheep1979

yeah we had a flatmate who tried that whole move out and leave us liable for the rent. Unfortunately for them the landlord was very understanding and just let us pay the difference between the remaining tenants rent and the mortgage (extra £20 or so each a month). Once we'd moved out myself and the other tenants and the landlord all took her to the small claims court. Ended up costing her more and she got a ccj on her credit file - stays with you for 6 years and can affect not just getting credit but getting a job too...

Don't do a runner.

moromir

If there is a clause in the tenancy agreement forbidding smoking in the property... write to the Landlord and explain the situation?

clutton_2

sadly this is what happens in tenancies where single folks share. The LL will only be interested in his rent. The other tenants and you will have to work out a negotiation around smoking - this is called being grown up and learnign how to be mature - life is full of compromises, now would be a good time to learn/hone them.

generally you get more out of people if you are nice to them than if you are nasty.

find a situation in which you both can win..... its not rocket science.

Sharon87

I would definetely look in the Tenancy Agreement about smoking rules. My uni houses were non smoking houses as requested by Landlord/Landlady.

vaporate

If the contract states smoking is not allowed, and the landlord allows this, surely this makes the contract void?

:money:

pinkshoes

Moving out and staying elsewhere is not going to help your case, because from their point of view they have less people now, so will be in NO hurry to agree to someone else move in. You are shooting yourself in the foot here!!!

1. Move back in NOW, and buy some febreeze or really stinky air freshener. Spray all the rooms so they stink.

2. Notify the LL of the smoking, tell the LL how upset you are, and ask what you can do to move out.

3. You have suddenly decided to fulfil that burning desire to play the trumpet. Look on gumtree for one going cheap, or I will loan you mine! Practicing will be between 8am to 8.30am on Saturday and Sunday.

4. As you have a professional living in the house, I presume this person is paying council tax for the entire house? If not, phone the council and report them. If it's 1 professional and 3 students, they are liable for 75% of the CT.

5. Due to all the smoke, you will have to use (hog) the washing machine daily to wash all your stuff. You will also have to take exceptionally long showers and use all the hot water.

Do all the above, and you will be out in less than a month!!

tek-monkey

Agree with the above! Especially the council tax, doubt they'll be happy to pay it.