leaving joint tenancy

G51shopaholic

Also you say you occupy two rooms so 2 new people would take over from you.

Is house/property licenced for multiple occupancy?

I worked a letting manager for over 7yrs in Scotland but I thought multiple occupancy covered england & scotland.

G_M

Oh come on guys! So judgemental on such little info! LOTS of people share with strangers. And how do you ask someone on a joint tenancy to move out if they don't want to?! You can't! OP is trying to get out of an unpleasant situation best way possible.

HMO? Maybe - but my understanding is there are 2 joint tenants! OK a 3rd might make it an HMO but that depnds on the council and anyway is not the OP's business.

Benji

G_M wrote: »

HMO? Maybe - but my understanding is there are 2 joint tenants! OK a 3rd might make it an HMO

Sorry G_M, a third would definitely make it a HMO (probably not licenseable). What it does mean is that the property would have to comply with all the HMO safety requirements.

G_M

Benji wrote: »

Sorry G_M, a third would definitely make it a HMO (probably not licenseable). What it does mean is that the property would have to comply with all the HMO safety requirements.

My point is this may only arise if the OP moves out. So is a matter for the landlord perhaps, but NOT the OP.

The OP has enough to worry about without taking on the landlord's possible future obligations!

Benji

G_M wrote: »

My point is this may only arise if the OP moves out. So is a matter for the landlord perhaps, but NOT the OP.

The OP has enough to worry about without taking on the landlord's possible future obligations!

True, but OP wants to move out, and this particular landlords issue may result in the landlord not agreeing to the replacement tenants unless:
1) 1 tenant agrees to take the 2 rooms; or
2) 2 replacement tenants happen to be related.

rjh090384

ok so
a)i didnt move in with a stranger we were friends until she went nuts at me and we fell out - as a housemate im sure she is fine.
b)it is a 3 bed and there were three people living here before so im sure that owuldnt be a problem again
c)i have asked her to move out but she wont
d) staying is not an option - my daughter lives here too and its a verry uncomfortable environment for us to be in and i dont want her witnessing fighting.

Benji

This isn't really a tenancy problem, it is a relationship problem between you and your flatmate.

The practicalities are simple - you want to assign your part of the tenancy, the landlord seems willing to go along with this, you just need to find someone who your flatmate is willing to accept in your place.

If you can't do that - you remain liable whether you live in the flat or not.

The only fly in the ointment is your flatmates disinterest. I don't do relationships, but may I suggest you get help with that, and then the rest should either fall into place, or you'll decide a move isn't necessary.

I have no idea where you will get advice on that - but here's one from Google http://www.elderwisdomcircle.org/?gclid=CLGkmezv8qoCFYuIfAodXUQ2Nw

rjh090384

lol thanks very much - yeah i was just wodnering where i stood re forcing her to live with someone lol but i suppose that isnt an option. grr

G_M

Have you checked?

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.

rjh090384

nope cant find the tenancy think she has hidden it - will call on tuesday and get a copy of it