Please - Advice about shared tenancy agreements

londonfraggle

Hi - I wonder if anyone could give me some advice please. My boyfriend lives in a shared house with 2 others, but is moving out at the end of March to move in with me (into my privately rented flat which I currently share with a friend, but who is moving out to move in with her boyfriend).

My boyfriend had thought that he could just simply give 2 months notice at the end of this month to his landlord and then help his two housemates find another person to replace him - they signed a new tenancy agreement in July (when one prevoius housemate moved out and another one moved in) and he thought he could just give 2 months notice after 6 months however he now thinks he can't as it's a joint tenancy.

So - I would be very grateful if anyone could tell me what are the implications if a) the landlord won't let him hand his notice in (i.e. on his own because it's a joint tenancy) or even b) can his housemates refuse to let him go? or c) assuming that he can "go", what happens if the housemates don't like/accept any of the people he finds to replace him? Will he continue to be liable for this rent even after moving out?

In the past previous housemates have left and others moved in and there don't seem to have been any problems, but he's worrying now that it's going to get messy (mainly because he knows his other housemates are planning on moving out at various points later in the summer so will no doubt be unhappy about having a get a new housemate in and all having to sign yet another new agreement).

Can anyone point out any links to any decent websites I can send him to so that he can crib up before phoning his landlord (on friday).

I would be really grateful for some help as am now worrying that we might not be able to live together until his full year's tenancy is up (he has lived there for 3.5 years in total now).

Thank you very much in advance.

Fraggle X

BitterAndTwisted

What sort of tenancy agreement did he sign and what was the term?

londonfraggle

I believe it was a joint tenancy with a year's fixed term. thank for any advice you might have!

N79

Are they still in the fixed term? If yes then no notice can be given but your BF could find a suitable replacement T. If they are outside the fixed term then your BF can give notice on behalf of all the Ts.

Jowo_2

The Shelter website explains how to serve notice during a fixed term agreement ( a tenant can't unless there is a notice period or break-clause in it). Your bf needs to check his AST.

The Shelter website also explains the implications of a joint tenancy agreement. Essentially this operates as if there is a single tenant in the property (despite the fact it is made up of individuals), therefore when your bf serves notice (assuming its correctly given), it ends the tenancy agreement for all and its up the remaining tenants to negotiate a new one with the landlord.

Now your landlord may consent to your bf and his flatmates finding a replacement tenant but he doesn't have to. If he does, generally landlords expect the outgoing tenant to pay the rent until the new tenant moves in and any expenses associated with this. Sometimes landlords will issue a new tenancy agreement for all or they will do this via a Deed of Assignment where all parties sign it to swap the new tenant out for the old.

Your boyfriends occupation of the property is irrelevant to his obligation to pay rent, as per the agreement, as long as he has a contractual obligation to do so.

Shelter is an excelllent source of info on tenants rights and responsibilities but I suggest he has a good read of his agreement first to understand his contractual obligations which may be very different from his assumptions and wishes.

londonfraggle

Hi - thank you for this. In the past all the previous tenants have just given their indiviudal notice to the landlord and then found a replacement for their room. I imagine the landlord will be quite happy for him to tell her he's leaving as long as he find a replacement (and continues paying the rent until he does so). Then I imagine she will simply issue the remaining and new tenant with a new agreement.

I've told him to call her today to get to the bottom of it! Thank you for all your help and I've directed him to the Shelter website.