abusive flatmate in a joint tenancy

liatnroh

I am in a 4 person flat share. I like the flat very much and three of us get on very well. Unfortunately we have a deeply unpleasant flatmate who has made our life a misery for the last month. He said he was moving out, but did not officially give notice, he then proceeded to try and bully/ blackmail all three of his female flatmates to accept his friend with an alcohol problem as his replacement. I eventually went to the letting agent who told him he had no right to choose his replacement. He then tried to point score by hassling me into pointlessly changing details on the advert for his room, I refused.

then shortly before Christmas he decided he was staying, texted all of us, didn't apologise for the abuse or the huge waste of time (as we had previously started viewings, in optimism) just pretended that we were all one big happy 'family' (he is lazy never cleans and leaves his stuff everywhere, his idea of family is that the 'girls' should do his washing up for him because he can't be bothered)

We are on a six month contract which expires on the 1st of march, sadly one flatmate is moving out at the end of Jan which means we will need to start a new 6 month contract with 'him' or pay her rent for 2 months, I can't afford this. We could wait another 6 months with a new tenant moving in but 'he' is very unpleasant and several previous tenants have moved out in less than 6 months creating the same scenario again. Needless to say he is attempting to foist the drunk into the soon to be available room, we will inevitably refuse.

I do not feel that moving out is an option as I have invested significantly in the garden and flat (time and money) and I feel I have the right not to be bullied out of my home by someone who contributes nothing.

Not sure what I can do legally, suggestions welcomed

Thank You

Midge

maninthestreet

Legally, there is not much you can do. You can only hope he moves out as soon as possible.

suki1001

I think I would rather keep my sanity and forget what I had invested. I was so stressed when I was young and shared with a guy who was a complete nutter, that the stress landed me in hospital. Your flat and garden might look pretty, but is it really worth months of your own time emotionally? This isn't about him winning, this is about making life easier for you.

Caroline_a

Get yourself some large muscular male friends (to be found in most gyms). Then when MateyBoy gets annoying and macho invite them all round. Together. Problem solved...

GAH

Is the propertyin England and Wales?

If so, what type of contract was it you had signed?

G_M

Do you each have individual contracts, or do you have a joint contract that you all signed together? Either way he cannot 'choose' his replacement - only the landlord can decide who he lets his property to!

If joint, he will remain liable for rent as a joint tenant until either
a) the tenancy ends (at the end of the fixed term or by ealy surrender if the landlord agrees) or
b) by a Deed of variation (It must be executed as a Deed) signed by all tenants ( old and new) and the landlord.

The reality is that he has signed a contract so has security. If he chooses to stay, you cannot force him to leave. Nor can the landlord.

Your options therefore are to:
a) 'persuade' him to leave - perhaps by offering him money? and then the 3 of you pay the full rent between you
b) 'persuade' him to leave - and then get the LL to agree a Deed of variation to admit a replacement tenant
c) manage the situation (see Caroline's idea above!)
d) convince the police to take action if his abuse extends to criminality

DVardysShadow

This needs the cooperation of the LL and the Agent. The 2 of you remaining, N and P could all give notice for 1st March. this will be valid notice for Obnoxious too. Meanwhile, you find your own new sharers to replace Obnoxious and Quitter, starting a new tenancy on the day the old one finishes. You probably need the muscular friends to deal with Obnoxious once he realises the game.

You could use your own rights to the property to show potential flat mates around and make your choice. You can sell this to the LL and LA as a much better alternative than having a void.

This assumes that you have a Joint and Several tenancy.

I suppose that what has happened is that Obnoxious has got wind of Quitter leaving and really was planning to get his pal Alcopop to take Quitter's place, rather than really moving out himself.

BitterAndTwisted

Why does the flatmate who is moving out at the end of this month think that they will no longer be responsible for their share of the rent? If you are all on a joint-tenancy the three remaining joint-tenants will be jointly responsible for making up the shortfall if departing tenant doesn't pay.

DO NOT sign up for another fixed-term just to be able to get two new replacement tenants in until this berk has gone for good.