Does landlord have to agree tenancy swap?

Amethyst_ice

Hello,

I am having trouble finding out what the law is for my situation.

I have a joint tenancy and the other tenant decided to leave a few weeks ago suddenly. He said to be fair he would pay 4 months of rent providing I look for a new tenant and if afterthat time I hadn't he would find someone.

I have an illness which I would feel uncomfortable living with a stranger and none of my friends need a house. I cannot afford to take the whole rent up myself,

My landlord has told me not to worry but I want to know, if my housemate finds somebody can my landlord refuse them without reason? Our tenancy is until next July.

I rent privately.

Thanks in advance

x

BitterAndTwisted

If you signed a joint-tenancy you are both tied to a legally-binding contract for the duration of the AST. If you find someone to take the other person's place your landlord is not obliged to accept them and should the departing tenant find someone the landlord is not obliged to accept them either.

The solution is friendly and adult negotiation. The landlord's comment "not to worry" means that he knows that he has you both by the short and curlies. And he's right: that's what signing a legally-binding contract means. Your social phobias or whatever causes this discomfort about the prospect of sharing your home with a stranger is no mitigation. Start looking for a suitable replacement asap.

Amethyst_ice

That is all I wanted to know, I am staying here I just wanted to know if the other tenant finds somebody if the landlord has to by law accept them. I am quite happy to live alone if by law the other tenant has to keep paying, thats what I wanted to know. I am on brilliant terms with my landlord, he knows my illness and has said he won't make me live with anyone I don't want to..I just wanted to know if legally this is correct?

BitterAndTwisted

Please don't forget that when you are on a joint-tenancy both parties can be pursued for the whole of the rent. You are the one in situ so you will the one most easily found to cover the rent that the other person may not be paying.

Should another person be found the current contract needs to be surrendered and a new joint-contact drawn up with the new party, Your landlord is not obliged to do that either.

Cross your fingers that the ex-tenant comes good on their promise to pay their share of the rent for the next four months while a new suitable repacement is found.

Amethyst_ice

I don't think my landlord would make me pay if the other tenant stopped, would there be no reprocussion on him if he did just stop paying the rent then?

I am looking for a tenant but as I said, its not a "phobia" as someone suggested, its a serious condition which I am aware some people may find hard to live with and I don't want to feel uncomfortable in my own home, some days I am quite bedbound you see.

Just trying to find out what the law is on things Thanks all so far x

BitterAndTwisted

Landlords are not in business to see their income halved overnight with no consequences for anyone. If your co-tenant stopped paying the rent then the landlord could chase them through the courts for the unpaid rent, but having a joint-tenancy means that you are jointly-liable for the whole of the rent. As you are the person who can most easily be found, they could just decide that you will have to cover it, so please do not underestimate the risk you may be taking.

Amethyst_ice

I know thats what I said to my landlord, I know he is running a business essentially and he doesn't owe me anything. He gives me money for my birthday and has given me reduced rent around christmas to treat myself etc!

I am lookign for someone but im in my final year so most of my time is being spent working, i just wanted to know where i stand legally if the other tenant found someone and i and landlord said no. hopefully ill find someone just wanted to know as much as i can

Thanks all x

zzzLazyDaisy

Just so you know - on a joint tenancy if one tenant gives notice it brings the tenancy to an end. If that happened and you were unable to negotiate a new tenancy with your landlord at a price you can afford, you'd be looking for a new home.

jjlandlord

zzzLazyDaisy wrote: »

Just so you know - on a joint tenancy if one tenant gives notice it brings the tenancy to an end. If that happened and you were unable to negotiate a new tenancy with your landlord at a price you can afford, you'd be looking for a new home.

This applies only if the tenancy is periodic.

OP has stated that they have a fixed term tenancy running until July, so they cannot serve notice until then. As long as the fixed term hasn't expired they are all bound to the contract.

zzzLazyDaisy

Apologies, you are right, I missed the bit about the tenancy being until next July.