Living in Joint Tenancy with dangerous housemate- advice?

sambrolan

I moved into a flat with a close friend a couple of months back. Things were great at first, but after a month she decided to go off the rails. She got into hard drugs, and has regularly used them in the flat. She has also been inviting unsavoury characters around for parties, and letting the fella she has been seeing stay there every night for the past two months and have his mates round, without contributing to rent, gas or electric of course. The final straw was when she let people sleep in my bedroom (I have been to the landlords about this incident and they got me a key) when I went home, which they left a mess. I'm a very timid person (she is well aware of this) and I am frightened. Unfortunately, as this is a joint tenancy, I need her signature to release me from the agreement, and it is a distinct possibility that she will refuse to sign out of spite. I am a Law graduate, but I was terrible at it haha, are there any circumstances under which I will not need her signature to release me from the agreement? And if she does not sign, will I have to continue to pay rent to the landlords?

amcluesent

Why not wait until their shooting up then ring the bizzies. Doing a stretch for Class-A possession ought to be force majeure?

Jowo_2

When does the fixed term end? Any tenant in a joint tenancy can serve notice and it applies for all. The remaining tenant then has to negotiate a new contract with the landlord.

She cannot 'release' you from the contract - your contract is with the landlord. Do you mean whether she will consent to taking on the tenancy in her sole name and your landlord agreeing to this early surrender on your part?

sambrolan

The way the person in the landlord's office put it to me was that she needs to sign something to consent to another tenant moving in (she didn't explain what the consequences of her not signing would be for me, I forgot to ask on that particular visit). Perhaps I misunderstood her. So what you're saying is that in a joint tenancy I can just give my month's notice and leave and anything after that is her and the landlord's problem? The lady in the landlord's office (pleasant as she was) seemed to imply that it was in a way my responsibility to find a replacement tenant and that communication with my flatmate was key to my being able to leave. But reasonable communication with this person isn't a viable option I have learned.

sambrolan

I did consider calling the police, but being alone in the house with these nutters, then the cops coming round and maybe not finding anything useful and leaving, would leave me with a group of crazy people who would be fairly certain about who called the cops...

DVardysShadow

sambrolan wrote: »

The way the person in the landlord's office put it to me was that she needs to sign something to consent to another tenant moving in (she didn't explain what the consequences of her not signing would be for me, I forgot to ask on that particular visit). Perhaps I misunderstood her. So what you're saying is that in a joint tenancy I can just give my month's notice and leave and anything after that is her and the landlord's problem? The lady in the landlord's office (pleasant as she was) seemed to imply that it was in a way my responsibility to find a replacement tenant and that communication with my flatmate was key to my being able to leave. But reasonable communication with this person isn't a viable option I have learned.

2 different ways out:

• As discussed by the LL's office, you find a replacement tenant, which you can do at any time
• As suggested by Jowo, give unilateral notice - which pulls the rug from under the feet of the other tenant. But you can only do this within the terms of the rental contract - at least 1 months notice before the expiry of a 6 months contract, if this applies in your case.

G_M

You need to clarify your existing contract: date signed and length of term. ie are you still in a fixed term?

If so, it can only be terminated at the end of the fixed term (whenever that is) or by agreement for early termination. Theoretically the LL and tenant (which just requires ONE of the joint tenants) could agree (preferably in writing) to early termination. The other tenant would then be equally bound by this. However in practice if the other tenant refused to leave it would be difficult to evict before the fixed term was up.

If the fixed term has already expired and your contract is periodic, either tenant can end it by giving a months notice.

Personally however, I would be speaking to the police. Make an official report. Explain your predicament. Explain you are in fear. And then get them to agree to come round when you call to say there are drugs on the premises.

The difficulty with you finding a replacement tenant is going to be that any prospective replacement will want to meet your flatmate. And whi is going to agree to move in with a drug-user?

Lance

If the Police arrest them, that is get to them before drugs are destroyed so may be damage to doors, then they will be processed at the station and with no previous convictions cautioned and sent home. If previous convictions they will be bailed for a few weeks whilst drugs tested and later appear at court. With the governments plan to stop sending druggies to prison there is no chance they will get a prison sentence, and really no chance before the latest 'let em out to save money' plan. Even small time dealers rarely get a prison sentence and personal use in own room is far less. She will get a criminal record and may lose her job which leaves OP with a rent problem. In other words OP your very any flatmate and friends will see you after a few hours and still reside with you.

Jowo_2

sambrolan wrote: »

.. So what you're saying is that in a joint tenancy I can just give my month's notice and leave and anything after that is her and the landlord's problem?.

The following advice assumes you are in england/wales.

No, I didn't say anything about you submittting a month's notice to end a tenancy - a fixed term agreement can only be ended early with the consent of the landlord (who is unlikely to do this unless a replacement tenant is found and any associated expenses paid for by the outgoing tenant, such as readvertising costs).

A periodic tenancy can be ended by the tenant submitting a month's notice (if the rental period is monthly) but as you have only been there a few months, and the typical length of an AST is 6 to 12 months, I assume you are within the fixed term (so do not have a periodic tenancy). So when does your contract end?

A fixed term tenancy agreement doesn't require the tenant to provide notice to move out at the end of the fixed term BUT the tenant should notify the landlord of their intentions well in advance, doing this in writing, keeping a copy and sending it with proof of postage to prevent any disputes (particularly important when it's clear that one tenant wants to stay). Quite confusingly, however, many ASTs do have clauses demanding that the tenant gives notice to end the fixed term agreement but they are not actually required to do this by housing law so these contract clauses, though common, are not legally enforceable.

It's possible the letting agent was describing a 'Deed of Assignment' where all the existing tenants, the landlord and the incoming new tenant sign to swap out the old and new tenant on the current contract. But this requires a new tenant to be found first. This will probably be a struggle since the old tenant probably prefers to intimidate someone she knows and a new tenant won't find the property particularly attractive. Does your junkie flatmate have someone in mind to take over the tenancy?

The Shelter website is a good source of information for tenants and will have a section on how to end a joint tenancy. Some Police forces have a community neighbourhood team and community (non 999) number to contact them to discuss neighbourhood issues - does yours? I agree with the previous posters that you need to seek advice from the Police about your situation and hopefully, you will have a good response (not guaranteed though as the Police have the reputation, perhaps unfairly, of not wanting to intervene in disputes between tenants and landlord and tenants).

C_Mababejive

You need to do something becuase a junkie will rob you or anyone else for their next fix.

How is she making money for her drugs?

jennikitten

I'm surprised the landlord isn't more concerned, it could easily end up causing damage to the property (and yes it would be up to the tenants to pay for it but most landlords would want to avoid the situation in the first place). Have you voiced your concerns to your landlord about possible damage? Also, how loud are they? If they make too much noise or are a nuisance, maybe you could get written complaints from the neighbours as well?

Only problem is that damage, noise, the legality of it etc. could all easily be linked to you as well as your flatmate. If you call the police, do it out of the house & somewhere with an abil (for both your housemate & the police!)