Joint Tenancy - One leaves?

CK140

I have been living with a friend on a joint tenancy agreement for seven months. We signed a 12 month tenancy agreement with a six month break clause. As we have been living there for six months, I want to leave as per the break clause – my friend had a boyfriend who is living with us also, and has been out of work for many months. I can’t stand him, and discussion has not worked, he is still there every day. I have explained to my friend that we need both of us to end the tenancy agreement, and he refuses to. He can’t manage the rent on his own, he refuses to move back in with his parents as they don’t know he is gay, and his boyfriend can’t help him pay rent. If I give one months notice to the landlord as per our break clause, where will I stand re: liability? Am I still liable to pay full rent, or is my friend liable as he has the chance to move out/get partner to pay rent etc and is refusing to? Help would be very much appreciated!

N79

Break clauses normally need to be operated by agreement of all the Ts. You imply this is the case here. If it is then you can not use the break clause without your housemates agreement and are thus liable for the rent until the end of 12 months or until you find a new T acceptable to your housemate and LL to take over your part of the agreement.

The exact wording of your break clause is king.

G_M

Hi CK
I'm afraid:
1) you've been there 7 months so probobly too late to use the 6 month break clause (post the precise wording of this to help us advise you)
2) you are committed now to the end of the 12 month contract
3) you are probobly in breach of contract by having the boyfriend living there
4) you cannot end the contract early without the Landlord's agreement

Best solution is to use the 'no subletting' clause to persuade the friend to tell his boyfriend to leave. Only the authorised tenants (you and friend) are allowed to live there. What's your relationship like with the LL / agent? You could even consider getting him (them) to write to you and your friend reminding you noone else is allowed to live there - that would give you help persuading the bf to leave!

diable

I'd also reduce the amount you pay to a 1/3 and tell your friend that you are not prepared to subsidise is boyfriend if he doesn't agree then threaten to tell his parents ;p