Student trying to get out of a tenancy agreement

NEH

pinkshoes wrote: »

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!!

Agree with that advice...I think if you have tried to solve the smoking thing and they haven't played ball then I think the above is the best way forward....From the sounds of it I can't imagine the professional is paying the council tax. I mean let's face it who's going to rent a room in a house that they have to pay 75% council tax for....wouldn't make sense....

Also suddenly get a liking for curry or strong flavoured food as well

Jowo_2

vaporate wrote: »

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

:money:

Minor breaches of the tenancy agreement and tenant relationship problems do not invalidate the tenant's obligation to honour the contract.

I'm sure its a lovely notion that the moment a tenant lights up, the rest can just bail out of the property but it takes a significant reason to show the contract has been frustrated.

tek-monkey

So you never actually signed a tenancy agreement with this person on it? In which case it must be on a per person basis, rather than a whole house?

As for the girls saying no to a bloke, its none of their business. If its your own tenancy for your room, you can do as you please. If its a joint tenancy, its invalid now surely as the people on it have changed? I can't see how they can make you share with someone other than those you signed with?

chappers

to be honest the no smoking clause in the tenancy is worth the paper it's written on , you have a right to use the property as your own. The landlord may however charge for cleaning/redecoration at the end of the tenancy.
Again do you have a joint tenancy or individual ones and at what stage, are you still within the fixed term or is the tenancy now periodic. If it is periodic you could give 1 months notice.
If the new tenant isn't on the tenancy i don't think the tenancy will be invalid, just that the person who has left will be technically liable, under the tenancy agreement.

DVardysShadow

chappers wrote: »

to be honest the no smoking clause in the tenancy is worth the paper it's written on ...

Not strictly true. It is worth the paper, but you have to consider whom the clause is meant to benefit. Sadly, as it is an agreement between tenants and LL, it is LL who benefits. It requires a separate agreement between tenants to benefit OP - even then it is difficult to envision a side agreement between tenants which would absolve the OP of joint and several liability for the rent.

tek-monkey

I still don't understand how the LA can change who is on the tenancy without asking? Maybe just walk, tell them you've gone because the new person started smoking in the house and you never agreed to live with them.

If they let you walk, immediately inform the council about the council tax.

AmyDee_3

Hi thanks for the advice so far. I have asked my estate agents what type of contract I'm in and they have said its a 'joint and several agreement' contract. I remember signing a copy with all of the original housemates. I was never asked about this new girl moving in and the agents have said only one other tenant needs to agree to it?

Moving back in really isn't an option, I tried to be nice and compromise, but all I recieved was abuse. I really can't live with people like that.

With the smoking thing, the estate agents were informed and went round and sent a letter also. The landlady has strictly prohibited it but they continue anyway as theres no way for the agents to find out, they give them plenty of warning before they come around, so more than enough time to cover the smell and clean up.

Am I just going to keep looking for someone to move in? I've had a few people initially interested but when they've met the tenants they're completely put off by them.

DVardysShadow

AmyDee wrote: »

Hi thanks for the advice so far. I have asked my estate agents what type of contract I'm in and they have said its a 'joint and several agreement' contract. I remember signing a copy with all of the original housemates. I was never asked about this new girl moving in and the agents have said only one other tenant needs to agree to it?

If the agreement is Joint and Several, unless it explicitly provides for one tenant to speak for the others, it is not acceptable for another tenant to be imposed without your permission and the permission of all of the other tenants. The reason for this is that you have to knowingly accept the risks of Joint and Several - and as you have not had a chance to refuse to accept, then the risk is not one you have signed up to.

This is very difficult to deal with, I suggest you check independently of the agent whether the agreement is Joint and Several. If it is, protect your position immediately by writing to the agent, stating that you do not accept this tenant and you refute any Joint and Several involvement with her. Keep a copy.

Remember that you are Joint and Several with the remaining original tenants. The more I think about this, the more I think that the agent has probably frustrated the tenancy - it complicates your position over council tax, utilities and bills. But this is a difficult area.

Fire_Fox

AmyDee wrote: »

Hi thanks for the advice so far. I have asked my estate agents what type of contract I'm in and they have said its a 'joint and several agreement' contract. I remember signing a copy with all of the original housemates. I was never asked about this new girl moving in and the agents have said only one other tenant needs to agree to it?

Moving back in really isn't an option, I tried to be nice and compromise, but all I recieved was abuse. I really can't live with people like that.

With the smoking thing, the estate agents were informed and went round and sent a letter also. The landlady has strictly prohibited it but they continue anyway as theres no way for the agents to find out, they give them plenty of warning before they come around, so more than enough time to cover the smell and clean up.

Am I just going to keep looking for someone to move in? I've had a few people initially interested but when they've met the tenants they're completely put off by them.

Don't you have a copy of what you have signed?? If not go down to the agency and get one, and ask for evidence or a written statement of exactly what has been done to amend the original agreement without your consent. I can't see how you can be jointly liable for the rent of someone you haven't agreed to live with, I really hope that isn't legal. You clearly need legal advice so take your copy to a local solicitor, student advice place at university, Citizen's Advice Bureau.

Moving back in temporarily IS an option, it's just not a palatable one. I have lived in a number of houseshares, some more successful than others. Often you just have to know in your heart that you are right and appear contrite without actually apologising as such: "I'm sorry you feel that way" "I'm sorry for letting the argument get out of hand".

The way I think of it is being a professional - when you get your dream graduate job you may well fall out with your demanding boss, the office b1tch, whoever. Are you going to scream like fishwives in the middle of the office, end up pulling each others hair?? Of course not. Are you going to strop out mid-shift and never return? Of course not.

Jowo_2

Quite often, a landlord will manage the change of tenant on a joint AST through a 'deed of assignment' whereby all tenants, and the landlord, consent to it. This formalises the change and means the existing tenancy continues under the original terms and conditions, albeit with a replacement tenant.