What say do current tenants have in new tenant?

greensalad

Hi,

I'm having a real stress at the moment trying to move out of my rented accommodation and find a new tenant to replace me.

I am a student and have a joint tenancy with three other girls.

I have been having problems with two of my housemates and decided that I would like to leave. I have moved out now and have found a new property and am trying to find a new tenant to replace me so I don't have to pay rent on two properties.

I have contacted the landlord who has said he is fine with me finding a new tenant and paying up until they sign. He's happy to help me with house viewings too. He knows what the girls in the house can be like and has already said that they make 'make things difficult' - which they now have.

I put the room up and found someone interested in a viewing. I contacted my landlord and the new girl wanting to view and we agreed Wednesday would be good. I emailed the girls saying that I planned to conduct the viewing on Wednesday and they have replied stating a lot of stuff that basically the final decision lies with them and they're not free then and that any new tenants THEY get to choose.

I want to know where they stand legally with this.

Do they have a choice over the new tenant?
Do they have to be in for the viewings?

They have said:
"we will have a house discussion and consider whether we think this person may be appropriate. We will inform you of the outcome of this discussion and let you know in due course. "

"The final decision regarding who moves in will lie with us and then of course Mike. [Landlord]"

Is this true? Please if anyone can help me know where I stand

Emmzi

it's a joint tenancy so I'd remind them they are liable for all the rent if you move out and then they can try and recover it from you, but court is a slow process especially when you keep being too ill to attend etc.

greensalad

Emmzi wrote: »

it's a joint tenancy so I'd remind them they are liable for all the rent if you move out and then they can try and recover it from you, but court is a slow process especially when you keep being too ill to attend etc.

Hi,

I'm aware of this but I'd rather save that piece of ammo for if things get really bad. Obviously I don't want to go to court, and at the moment I seem to have the help of my LL being rather nice so I don't want to annoy him by pulling this out of the woodwork if I can.

I just want to know whether they have a legal right to pick a new tenant or if it's just the LL's discretion.

sims01

If you are still within the fixed term of the tenancy, it would be legally difficult for you to get out of the contract without their agreement.

But just as just as you are legally liable for the entire amount of rent (your share as well as your housemates'), the remaining tenants are also equally liable for your share of the rent, so if the landlord accepts that you have moved out and provided an acceptable replacement tenant, he may choose to just demand the entire rent from the remaining tenants, if they refuse to add the replacement tenant into the tenancy.

You don't have that much leverage yourself though, unless the tenancy has become periodic (in which case you can serve a notice to quit to get out of the tenancy as of the next valid notice date).

G_M

1) common sense says that it is only fair they should have a say on who they have to live with! You'll be gone and won't care what the Newbie is like. They will still be there.

2) Legally, a new contract (or some contract variation) will be needed - with the signatures of all the tenants ie the remaining girls plus the Newbie. If they refuse to sign..... then the current contract will continue and you will still be liable for rent.

3) You have no legal right to choose a replacement - that is a legal contract between the LL and the replacement (plus, since it's a joint and several contract, the remaining tenants - see 2 above). It is only because the LL is being understanding to your predicament, and very helpful to you, that you are being allowed to find a replacement. Indeed, this takes the burden off the LL who might oterwise either charge you his agents fees and/or advertising fees, or might simply refuse to let you leave.

4) as said above, your alternative is simply to move out. You would still be legally liable for the rent (can you 'disappear'?), but so would the remaining tenants. As it is 'joint and several', in practice many LLs will chase the remaining tenants for the full rent as it is easier than chasing someone who has moved on (perhaps with no forwarding address), but he could chase you. As could the remaining tenants who you've left in the financial lurch.

greensalad

sims01 wrote: »

If you are still within the fixed term of the tenancy, it would be legally difficult for you to get out of the contract without their agreement.

But just as just as you are legally liable for the entire amount of rent (your share as well as your housemates'), the remaining tenants are also equally liable for your share of the rent, so if the landlord accepts that you have moved out and provided an acceptable replacement tenant, he may choose to just demand the entire rent from the remaining tenants, if they refuse to add the replacement tenant into the tenancy.

You don't have that much leverage yourself though, unless the tenancy has become periodic (in which case you can serve a notice to quit to get out of the tenancy as of the next valid notice date).

Thanks for answering.

So, I have contacted the other girls saying I want to let this girl view the house on Wednesday and they have said no, I can't. This isn't true, is it? I am allowed to let her view it without their permission? The LL will be there.

Then, they have said that THEY will choose if she is suitable. I would say she is considered suitable in a legal sense (she's a student and it's a student property. She has the money, isn't that all that is required of her?) If the LL says it's fine and then the housemates turn around and say no, would a court see it as them makings things difficult because a suitable replacement was found, and then said no, therefore forcing me to forego the rent and charge them all?

I just really don't want to end up in court about this all.

My plan is to let the girl view the house with the landlord (if this is legal). If the LL agrees, and she wants the room, then I will go to the girls and say she wants to move in.

If they disagree, I will say OK but now I am stopping paying my rent, you will have to pay my share because you turned down a perfectly suitable tenant.

If this went to court, and they tried to get me to pay my rent, how would the court see this? I'm hoping it wouldn't get that far, but surely they would see that I tried to find a new tenant, found someone, they said no, so I stopped paying rent and now they're dragging me to court because of their own doing.

greensalad

G_M wrote: »

1) common sense says that it is only fair they should have a say on who they have to live with! You'll be gone and won't care what the Newbie is like. They will still be there.

2) Legally, a new contract (or some contract variation) will be needed - with the signatures of all the tenants ie the remaining girls plus the Newbie. If they refuse to sign..... then the current contract will continue and you will still be liable for rent.

3) You have no legal right to choose a replacement - that is a legal contract between the LL and the replacement (plus, since it's a joint and several contract, the remaining tenants - see 2 above). It is only because the LL is being understanding to your predicament, and very helpful to you, that you are being allowed to find a replacement. Indeed, this takes the burden off the LL who might oterwise either charge you his agents fees and/or advertising fees, or might simply refuse to let you leave.

4) as said above, your alternative is simply to move out. You would still be legally liable for the rent (can you 'disappear'?), but so would the remaining tenants. As it is 'joint and several', in practice many LLs will chase the remaining tenants for the full rent as it is easier than chasing someone who has moved on (perhaps with no forwarding address), but he could chase you. As could the remaining tenants who you've left in the financial lurch.

Hi. Thanks for answering.

In regards to 1) - yes I would want them to meet and agree the newbie, hence why I messaged them saying when I wanted to do the viewing, and stuff. However the email they sent back saying they will choose, I must send details, they will interview the new prospective tenant etc... this is all silly. I have left the house on accounts of bullying and a very bad situation and even the landlord himself said he thought they would make life difficult for me. I don't believe they're doing this to make sure the tenant is good for them, I believe they're doing it to spite me. However I understand that as in plain sight that is to everyone what they're doing, I might still not be able to put forward a perfectly suitable replacement.

2) Yeah I understand this, I was just hoping that if the new tenant was suitable and the landlord was happy that they would feel obliged to sign. I understand that I cannot make them put a pen to paper though.

3) I understand it's the legal right of the LL to choose the replacement, but if I supply him with a possible new tenant, and he agrees they're suitable, do the other tenants also get a say?

4) I have already moved out. I don't think I could simply 'disappear' as I am a university student. I am very concerned about leaving and simply not paying rent as I am worried about them taking me to court over it.

I'm just really worried about what to do. I feel like I've done everything right, contacted the LL, told him I wish to look for a new tenant, he's agreed, started searching, informed the tenants that I wish for someone to view the room, and then they've put this barage up at the end and I don't know what to do

greensalad

If I propose a perfect suitable and reasonable tenant, to which the Landlord agrees, and the other girls then turn her down based on the fact they didn't like her, did not want her etc, and then I stop paying rent and get taken to court over it... will the fact I found a replacement who they turned down stand up?

That's basically what I'm asking.

I just want to try and get a new tenant in that place and if they make it difficult for me then I may have to just say 'OK I'm stopping paying rent then'. Hopefully at that point they'd just change their tune and agree the new tenant is fine.

greensalad

Housemates have also said that the post I posted on our university accommodation forum advertising the house must be sent to them for them to decide whether it's appropriate before I post it. Surely they can't do that?

G_M

greensalad wrote: »

So, I have contacted the other girls saying I want to let this girl view the house on Wednesday and they have said no, I can't. This isn't true, is it?no. You are a tenant there so can invite round anyone you want I am allowed to let her view it without their permission? Yes, as aboveThe LL will be there.

Then, they have said that THEY will choose if she is suitable.correct both morally and legally I would say she is considered suitable in a legal sense (she's a student and it's a student property. She has the money, isn't that all that is required of her?)No she has to be acceptable to the landlord, and more importantly, to the joint-tenants with whom she will be 'jointly and severally' signing a contract.Your assessment of her suitability is irrelevant. If the LL says it's fine and then the housemates turn around and say no, would a court see it as them makings things difficult because a suitable replacement was found, and then said no, therefore forcing me to forego the rent and charge them all? A court is unlikely to say anything. It won't go to court. If the girls refuse to sign a new tenancy agreement with the Newbie and the LL, then the current tenancy agreement will continue. The only court action will be for rent arrears under the current tenancy if you stop paying your rent.

My plan is to let the girl view the house with the landlord (if this is legal)Yes it's legal but may be counter-productive. It will annoy the other girls who will then be even less cooperative. If the LL agrees, and she wants the room, then I will go to the girls and say she wants to move in.and they will say "but we haven't met her. We told you Wednesday was no good but you ignored us. So forget it!"

If they disagree, I will say OK but now I am stopping paying my rent, you will have to pay my share because you turned down a perfectly suitable tenant.They will either
1) just pay your share of the rent for you - what do you think? - or
2) allow the rent to slowly go into arrears and wait to see what the LL does or
3) immediately start chasing you for the rent you owe

If this went to court, and they tried to get me to pay my rent, how would the court see this?The court would look at the tenancy agreement you signed, and say you owe rent. Judge would probobly say "rent is £X per month divided by 4 so you owe X/4 * number of months. Unless you can argue your room was smaller so lower share of rent and this had been agreed by all 4 of you at the start. I'm hoping it wouldn't get that far, but surely they would see that I tried to find a new tenant, found someone, they said no, so I stopped paying rent and now they're dragging me to court because of their own doing.

You are going to have to accept you have a legal obligation towards the rent.

To get out of this involves goodwill and cooperation by all involved. Not just the LL but your co-tenants. So you need to work with them as far as possible, not threaten, force or antagonise.
edit:

the post I posted on our university accommodation forum advertising the house must be sent to them for them to decide whether it's appropriate before I post it. Surely they can't do that?

That's exactly what I mean. "work with them as far as possible, not threaten, force or antagonise." No, they can't make you do this, but they can make the whole process harder if not impossible if you don't.

greensalad

G_M wrote: »

You are going to have to accept you have a legal obligation towards the rent.

To get out of this involves goodwill and cooperation by all involved. Not just the LL but your co-tenants. So you need to work with them as far as possible, not threaten, force or antagonise.
edit:
That's exactly what I mean. "work with them as far as possible, not threaten, force or antagonise." No, they can't make you do this, but they can make the whole process harder if not impossible if you don't.

Thanks for your advice.

So it looks like I am stuck Because I left on bad terms with the housemates, they will never agree to any new replacement because they wish to make things difficult for me. I had problems with bullying from one girl I lived with which I have taken up with the uni, and is why I left. I just know that they won't ever agree to any tenant even if they LL thinks they're suitable.

I'm going to continue to find suitable dates where they, LL and the prospective new tenant are available to view the house but I have a feeling the answer will probably just be 'we are never free, no one is suitable' etc.

Just feel really stuck