PLEASE HELP - Early Termination of a Dual Tennancy Agreement!

Worried_Tennant

ANYBODY PLEASE HELP ME??!!!

Hello All,

Im in a very unfortunate predicament and I really need to know what to do or advice on how I get out of this situation.

I moved in with a partner in January and signed a 12-month tenancy agreement with a private landlord. I had some bad news regarding the health of my mother and my family circumstances denote that basically I have to look after her and have her living with me. I explained this to my partner and in a nutshell we broke up over it as she didn’t understand.

I moved out of the property some 5 weeks ago, but continued to pay the rent or at least my half of the rent. I contacted the landlord to explain the circumstances and advised him that I need to terminate the agreement and by doing so I would forfeit my full bond and pay any costs associated with the re-listing with agencies etc, he came back and he gave me 3 options: -

1) The tenancy continues as it is and he will work with the agency to find a replacement tenant and I will meet all costs from the bond for the listing and any associated costs.
2) He will allow me to terminate but I would have to pay him 4 months rent at a cost of £3700 and again all costs will be met by me for the re-listing and new tenant find
3) The tenancy will continue to work as it is but an agreed reduction in the rental price from what im paying to what the new tenant will pay I will met for the full term of the contract i.e if im paying £925 and a new tenant is found for £800 the I need to pay the remaining term of the contract for £125 for the months left on the agreement.

I agreed to keep it as it is pay the rent and do all I can to try and find another tenant. This would not be a problem but the rent is due on the 1st of April and my ex partner is refusing top pay her half on the grounds that she cannot afford this.

I have my half of the rent but am not going to pay the additional half as she cannot pay this. She is still living at the property but is moving out shortly. He parents have bought a flat for her and she will pay the mortgage on this property she has transferred all her tangible assets into her parents name so essentially she has nothing in terms or items that can be taken off her.

There is an added complication, as we had to get a “Guarantor” to be agreed as I have no letting history, im a homeowner myself but this property is rented out under my own agreement.

I need to know what I can do in terms of my position come the 1st of April I can pay my half and will do this but this still leaves a remaining half of the rent that my ex partner will not pay for.

I really need some advice on what I can do/say to my landlord to either end my agreement or at the very least not be left liable for the full rent or term of the agreement?

Jowo_2

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

Worried_Tennant

Thanks Jowo, it doesnt really give me much option just states the obvious im looking for some kind of miricle i guess or some loop hole that i can jump through as my investigations continue it appears there is none

Jowo_2

Do you have a joint tenancy (you both signed a single agreement)?

Do you have a guarantor for the property? Who is it and does it cover the entire agreement?

If you have a joint tenancy (which means you are jointly and severally liable) tell the landlord the forwarding address for the other tenant and let him know the situation.

However, a landlord of a joint tenancy doesn't need to split liability between separate individual tenants as it operates as if there is a single tenant in place - its simply up to these individuals to sort out amongst themselves the payment of the rent of x sum on x date - they are jointly and severally liable.

I've never heard of the third option that your landlord has offered you before (namely that if he drops the rent for the next tenant, you have to pay the difference across the tenancy). Typically, once a new contract is issued, it is between the landlord and the new tenant.

Worried_Tennant

I am part of a joint tennancy which myself and my ex partner both signed.

The Guarentor covers me as i was asked to provide this due to me not having a "letting" history.

I am yet to discuss the payment issues of my ex partner i know come the 1st of April he is expecting the full payment but im going to make contact should i need to and discuss this with him in terms of giving him the work contact information and address details of my ex partner. Im not sure how he will react to this surely he cannot hole me totally liable if im prepaired to pay for my half of the rent?

Jowo_2

Worried_Tennant wrote: »

surely he cannot hole me totally liable if im prepaired to pay for my half of the rent?

Yes he can if he wishes to because you signed an agreement that permits this.

In a joint tenancy agreement, it is irrelevant which individual tenant owes the rent and which tenant makes the payment for arrears. x rent must be paid on x date and its up to the tenants to make it happen.

You may split the rent in your own mind and attribute the arrears to the other tenant but that's not how a joint contract operates.

"If you have a joint tenancy agreement, all the tenants have exactly the same rights. You are all equally responsible for paying the rent and keeping to the terms of your agreement. If one tenant is not paying the rent or causing other problems you could end up having to pay her/his share or any other costs. ..If the tenants have disagreements, they are responsible for sorting them out between themselves. Only in extreme cases will the landlord or anyone else get involved."

http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/whose_name_the_agreement_is_in

Worried_Tennant

so basically im stuffed unless i get another tennant or the landlord agrees to let me out of this agreement.?

silvercar

Can your family help? Particularly as you are adjusting your life to care for your mother. Can you claim carers allowance for looking after your mother?

Worried_Tennant

yeah thats not the issues i have the money to be comfortbale etc its this tennant agreement that im desperate to break you know

silvercar

Worried_Tennant wrote: »

yeah thats not the issues i have the money to be comfortbale etc its this tennant agreement that im desperate to break you know

I see, I thought you didn't have the money.

In that case you need to tidy the place up, be as accommodating as possible regarding viewings etc.

The option of getting a tenant in ASAP by reducing the rent and you stumping up the difference could make financial sense.

Jowo_2

Worried_Tennant wrote: »

so basically im stuffed unless i get another tennant or the landlord agrees to let me out of this agreement.?

You signed a legally binding agreement. No one forced you.

If you don't pay the rent, I assume you think its okay for the landlord to be stuffed, then?

Why should the landlord take the financial hit because the tenants relationship has failed?

There's nothing to stop you from paying the landlord and taking your ex to court for her share. If she is in employment, you can enforce any judgement made in your favour by getting an attachment of earnings.