leaving joint tenancy

rjh090384

hey
i am wondering if yo ucan help - i have googled repeatedly but to no avail.

basically i want to move out of my joint tenancy agreement apartment as my flatmate has gone totally psycho and i need to live somewhere else.

we have 6 months left on the joint tenancy. i have informed her of my intention to move out and hte landlord who agrees if i find someone else to take over my rooms.

my problem is, said flatmate is digging her heels in. wants to meet and approve future flatmates (understandably) but will not make herself available to do so. I have found a new place and need to complete asap so need her to get her !!! in gear.

what can i do?

G_M

Assuming (as sounds like) you are halfway through a 12 month tenancy, and this is a joint tenancy (one contract with both your names) then you are legally tied for another 6 months.

Of course, by mutual agreement the LL can release you, and he seems to be agreeable to this - you've done the right thing approaching him.

Understandably he is reluctant to leave your flatmate as sole tenant - she might struggle with the rent on her own! So you are dependant on finding someone
a) the flatmate agrees to live with and
b) the landlord is happy to have as a tenant (he sounds flexible)

I can only suggest you try to pin her down to a day/time when you invite prospective people round. And hope she cooperates and does no alienate them all!

Threatening her with leaving anyway and making her pay the whole rent is an option, but only a last resort - you have to remember that unless/untill the LL releases you (get it in WRITING), if she runs up arrears you will remain jointly responsible.

rjh090384

i have tried to pin her down she just says give them my number and ill sort it with them but I worry she gonna scare them off. I cant be released according to the landlord until anew tenancy is signed with her and the two new people ( i currently occupy two rooms)

G_M

Whose name is on the bills?
Council tax, gas, electricity, phone etc

if hers, stop contributing and her costs start mounting up. She gets fed up with you and wants you to leave so cooperates........just another thought.

rjh090384

its all in my name we did it like that to make it easier to give her money for rent minus bills - silly now i think of it lol

Mind_the_Gap

G_M wrote: »

Threatening her with leaving anyway and making her pay the whole rent is an option, but only a last resort - you have to remember that unless/untill the LL releases you (get it in WRITING), if she runs up arrears you will remain jointly responsible.

I cannot think that is quite right. If I have understood your post correctly, you are suggesting (by implication) that if OP does have it (ie. a surrender) in writing, the remaining JT will be liable for all rent/bills.

The LL cannot agree to let OP 'off the hook' by offering an early surrender leaving the other joint tenant liable for all arrears/bills. He would have to release both of them, or neither. If JT is unwilling to be 'released', nobody can oblige her to be. Nor can OP impose a new tenant against JT's wishes. So OP's only options are to persuade JT to accept her choice, or to grin and bear it until the end of the fixed term, when she can end the tenancy.

G_M

Mind_the_Gap wrote: »

I cannot think that is quite right. If I have understood your post correctly, you are suggesting (by implication) that if OP does have it (ie. a surrender) in writing, the remaining JT will be liable for all rent/bills.

The LL cannot agree to let OP 'off the hook' by offering an early surrender leaving the other joint tenant liable for all arrears/bills. He would have to release both of them, or neither. If JT is unwilling to be 'released', nobody can oblige her to be. Nor can OP impose a new tenant against JT's wishes. So OP's only options are to persuade JT to accept her choice, or to grin and bear it until the end of the fixed term, when she can end the tenancy.

Either I expressed it badly or you misunderstood.

Either a replacement tenant is found, LL agrees in writing to early surrender, and new tenancy with new joint tenants is signed. OP is off the hook (and any future arrears are resonsibility of new joint tenants).

Or replacement is not found. LL has made clear no early surrender will be granted. So LL can chase either or both current tenants for any arrears. (though it's always easier for a LL to chase the tenant in occupation - or even evict - rather than one who has moved out and on)

Another possibility is if (again assuming it is a 12 month contract?) there is a 6 month break clause in the tenancy agreement. In that case, all OP has to do is invoke the break clause, end the tenancy, and leave. It wiuld then be for the remaining tenant to negotiate a new contract, with or without a new joint tenant, if both she and the LL were willing.

It only takes ONE joint tenant to end a tenancy agreement. OP - check the tenancy.

HappyMJ

rjh090384 wrote: »

its all in my name we did it like that to make it easier to give her money for rent minus bills - silly now i think of it lol

You can move out whenever you like giving final meter readings on the utilities and advising council that it is no longer your home so ending your liability for the council tax and utilities. You will still be liable for half the rent but it will be up to the flat mate to take you to court to get it so save it up and be prepared to pay it when that happens.

If the flat mate doesn't pay the rent they will get the notice to leave the property. The landlord can chase either of you then for the money and then if the landlord is successful against you then you have to take the ex flat mate to court. It's all quite confusing. I'd just leave if I were you and wait and see what happens.

theartfullodger

HappyMJ wrote: »

........... You will still be liable for half the rent but it will be up to the flat mate to take you to court to get it ...........

Err... no: Assuming the tenancy says "Jointly & severally" OP will be liable for ALL the rent and the landlord can take OP to court for it.

G_M

HappyMJ wrote: »

You can move out whenever you like giving final meter readings on the utilities and advising council that it is no longer your home so ending your liability for the council tax and utilities. You will still be liable for half the rent but it will be up to the flat mate to take you to court to get it so save it up and be prepared to pay it when that happens.

If the flat mate doesn't pay the rent they will get the notice to leave the property. The landlord can chase either of you then for the money and then if the landlord is successful against you then you have to take the ex flat mate to court. It's all quite confusing. I'd just leave if I were you and wait and see what happens.

Absolutely not. You will be liable for ALL the rent (as will the flatmate).

Flatmate will have a hard time taking you to court - you have no contract beyond a vague 'understanding' between you. The contract is between the landlord and the tenant (in this case the 'tenant' happens to comprise two people).

G51shopaholic

why did you start sharing a place with someone without knowing them first?

Why haven't you ask the other tenant to move out if she's that bad?? I take it your not telling the other potential tenants the reason for you leaving? That is not really fair on them.

I'd say you need to see out the remaining 6mths especially if all the bills are in your name.

Your just passing the problem onto someone else.