Housemate wants to move out: please help

ollym_3

My flatmate has told me he wants to move out. As we have a joint letting contract, after he moves out I will be legally responsible for the rent.

We have six months of our contract remaining. I could also move out at this point, but there are costs associated with this and I would have to sign a new contract (I intended to move from this area in 6 months but not before).

I'm left in a situation where I have to search for a new flatmate and live with a stranger for the next six month. This is not something I wanted to do.

How can I make it as difficult for my flatmate as possible as I believe he has me between a rock and a hard place and I am perfectly happy living here.

SteveCat

Remind him that if his name is on the TA he to will have a legal obligation to pay the rent and you will advise the Landlord to enforce it.

ollym_3

Well I think the law states that once he moves out I become responsible.

SteveCat

If his name is on the TA then he has a legal obligation to pay his share of the rent as much as you do. This is why we always advise any Tenants sharing that both must go on the TA. It would be a very sorry state if he had moved out and your name wasn't on the TA. I have never heard of a situation where a Tenant can move out under the terms of a agreement unless there is certain clauses attached to it.

SteveCat

Take a look at this, its basically what I have already said:

http://england.shelter.org.uk/advice/advice-3130.cfm

ollym_3

The situation is, he WILL move out this month. From what shelter seem to say that automatically ends my tennacy agreement too... So what happens then.. do they try and reclaim the remaining six months from both of us??

barnaby-bear

ollym wrote:

My flatmate has told me he wants to move out. As we have a joint letting contract, after he moves out I will be legally responsible for the rent.

We have six months of our contract remaining. I could also move out at this point, but there are costs associated with this and I would have to sign a new contract (I intended to move from this area in 6 months but not before).

I'm left in a situation where I have to search for a new flatmate and live with a stranger for the next six month. This is not something I wanted to do.

How can I make it as difficult for my flatmate as possible as I believe he has me between a rock and a hard place and I am perfectly happy living here.

You WILL be responsible from LL point of view you are jointly or singly liable. However by entering into a joint contract he (flatmate) will be liable TO YOU, i.e. you must pay LL and if he refuses to pay pursue the issue via small claims i.e. sue your "mate". Your contract with the LL will not be ended and you will be liable for the 6 months but if you want to leave he (LL) will be obliged to try and mitigate the costs by finding a new tenant although you will probably face contract and readvertising fees.

The best course of action, find a mate to replace the guy going and get guy leaving to pay the contract modification fees.

Nasty flatmate, mean to do this to you.

ollym_3

Just spoke to Shelter. Apparently we are jointly and severally liable (sic?). Basically if my housemate leaves, I can be pursued for his rent.

The landlord could also pursue him for the rentr too but is probably more likely to pursue me as I still live in the premises.

I'm not sure of my options - maybe I should just pre-empt his move and go... but I am happy and wanted to continue living here.

barnaby-bear

ollym wrote:

Just spoke to Shelter. Apparently we are jointly and severally liable (sic?). Basically if my housemate leaves, I can be pursued for his rent.

The landlord could also pursue him for the rentr too but is probably more likely to pursue me as I still live in the premises.

I'm not sure of my options - maybe I should just pre-empt his move and go... but I am happy and wanted to continue living here.

Even if you go, you will still be liable to the LL - you have a contract, lots of precedence though of one flatmate recouping half rent off leaving flatmate.

Any friends who'd like to move in?

ollym_3

i moved to a whole new area - 200 miles from my old house so don't really know anyone. would he be liable for my solicitor fees if I pursued and won?

barnaby-bear

ollym wrote:

i moved to a whole new area - 200 miles from my old house so don't really know anyone. would he be liable for my solicitor fees if I pursued and won?

Probably but small and county court costs are low - £5k limit on small claims see eagerlearners thread on reclaiming deposit for idea of costs, or google on small claims. CAB will give free advice too.
http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/jointtenancytrauma
http://www.flatshare.com/shared_accommodation_types.html
http://www.direct.gov.uk/en/EducationAndLearning/UniversityAndHigherEducation/StudentHousing/DG_064419
http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/depositdesperation