What say do current tenants have in new tenant?

greensalad

G_M wrote: »

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.

Unfortunately the post cannot be edited or deleted so there is nothing I can really do. I am not sure why they have demanded that the post is changed as it was just a standard post. Room available, location, rent, facilities etc.

I can try to be reasonable and will take your advice to find a suitable time and go through their demands (they say I must send them a full profile of the tenant, everything down to what they study). However I am just very worried that they won't be reasonable at the other end as this is obviously their plan - to make everything impossible for me.

Emmzi

there's more than one way to skin a cat.

you're still paying rent so you can still live there.

who do you know that's large and intimidating that wants to visit with you a lot?

G_M

greensalad wrote: »

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

If they really won't cooperate then your next best option is to put pressure on them by not paying the rent.

As I've explained, this has risks, but you can mitigate them by working with the landlord. If he is sypmathetic and 'on your side' he may agree to chase the other 3 girls for the full rent, and not you. That is his choice. As it is a 'joint & several' tenancy, he can go after any one, or combination, of the joint tenants for all the rent.

Whether the 3 girls themselves come after you is another question. They could. But
a) it's not as bad as having your landlord take you to court and
b) you could do a deal "I'll get the LL to stop chasing you if you stop chasing me..." and
c) worst case, you pay them. Which is what you're already doing! You will NOT get a black mark in your credit file. That only happens if you are taken to court, lose, and still refuse to pay after losing in court.

nathand_2

It doesn't look like you'll get anywhere with a replacement. Your housemates won't let it happen... at the moment. Just leave. Pack up and go before they have chance to say anything then call them and explain it to them. If you email then it's written down but the likelihood of them recording your call is slim if they don't know why you're calling.

Tell them you're no longer going to pay any rent or bills. You have a replacement and if they play along you'll pay rent until this person moves in.

DVardysShadow

A legal aspect of why you and the Landlord together cannot impose another tenant on the others is the Joint and Several nature of the contract, which has been mentioned - but this point has not been fully developed.

If your replacement tenant defaults on rent, the others will be liable for that amount under joint and several liability. It is their absolute choice as to whether to accept that liability or not. Quite aside from whether they wish to live with the new tenant.

The Landlord could just about impose the new tenant provided he excused the existing tenants [minus you] as one party and the new tenant as another from joint and several liability towards each other. But to do this, he would have to make it clear to the existing tenants [minus you] that he would pursue them for your share of the rent - and they would have to back down and accept the new tenant in preference to accepting the liability.

Now, I think that the existing tenants are going to be bloody minded enough to see off the new tenant any way. Given what is hapening, if the new girl knows and understands, I think she would be wise not to take up the tenancy.

I suspect that there is something you are not telling us - probably because you don't realise the significance. I suspect that the others have got a new tenant lined up which is why they want rid of you - and I imagine that you might have some idea of who this person could be, now I raise the question. Perhaps if the Landlord asked them, they might offer this person as your replacement.

If they do have a tenant lined up, you would need to be released from the contract by the Landlord in writing.

If you have evidence of bullying which would stand up in court, you could consider to pay your rent as at present, but to sue the others for the cost of your replacement accommodation. Whether this is actually worth doing is another matter. But if you do move out and stop paying rent and the others threaten to sue you for your share, this is a counterclaim you could make.

G_M

Other factors to consider:
* have you paid a deposit? How much? Is it in a scheme? Who is the 'lead tenant' on the scheme(this is where the deposit will be returned to)?
* is there a clause in the tenancy allowing the LL to use the deposit for rent arrears and then require the deposit to be topped up? (hard to enforce the topping up though)
* Whose name is on the utility accounts?If yours and you've moved out, close the account(s) and get your name off - sounds like the girls will not pay you their share and the utility company will chase you
* Surely you can delete the advert? What happens when a new tenant is found? Does the advert still stay there?
* Are there any guarantors involved in the tenancy?
* Finally - if the LL is genuinely helpful, consider asking him as follows:
1) you stop paying rent
2) a week after next rent payment date, he writes to tenants as follows or similar:

Dear Ms W, Ms X, Ms Y, Ms Z,
I note that you have fallen into rent arrears. Rent due on (April 1st whatever) was £x pounds for the period (April 1st - May 1st whatever), but only £Y has been received, leaving £X-Y outstanding. (I'm assuming you each pay 1/4 of the total rent direct to the LL?)

I understand Ms W ha smoved out, but this is irrelevant so far as the tenancy Agreement is concerned and entirely an internal matter between yourselves

As you know, this is a 'joint and several' tenancy and each tenant is fully responsible for ensuring the full rent is paid.

Please ensure that the arrears are paid within the next 7 days, and that the full rent is paid at the next rent payment date (eg May 1st).

If the arrears are not cleared, or continue to mount, further action may be required against one or more of the joint tenants which may include but not be restricted to:
* legal action for rent arrears
* eviction proceedings on grounds of rent arrears
* use of the deposit to cover the arrears - either immedaiately, requiring the deposit to be topped up, or at the end of the tenancy

Since some of the above are only appropiate against remaining tenants, and all tend to be more relevant against remaining tenants, it is more likely that action would be taken against remaining tenants, although that is a decision I would make at the time.

However I trust none of this will be necessary.

Please do not hesitate to contact me in the meantime if you are having temporary difficulties with the rent, so that we can discuss those difficulties and find a mutually agreeable solution. Arrears can usually be resolved, if discussed, as there are various options available including altering the names on the tenancy agreement.

I can be contacted on 00000000000 and would be happy to discuss this by phone, or, if you prefer, to meet you at the property.

Yours sincerely

A Landlord

greensalad

Thanks for all your advice on this. I am meeting with the LL tomorrow morning to talk about what's happened and try and work out what I can do. The girls have yet not replied to my message detailing dates they would be in for a viewing, and I am thinking that if they come up with 'Well we're not in on any of those times) about 5 separate times when I reckon they will be in, but will just say they're not) then I will have to go ahead with a viewing with just me and LL.

I'm just feeling completely stuck because I had hoped after everything that had gone on they would be just happy to let me leave, but they're aiming to make life as difficult as possible for me. I honestly don't think I will find a replacement tenant for the property as they simply won't allow me, which means working an extra job alongside my two others and my degree in order to afford the double rent.

I'm just trying to find a way to get a new tenant in without them having to legally agree, I'm still wondering if it's possible to sublet at all but I doubt my LL would agree to this.

*Robin*

DVardyShadow has suggested that the other girls have already chosen their own nominee to replace you, OP. This seems highly likely, so why not ask them before trying to install your applicant?

Tbh I am appalled that, having suffered at the hands of these harpies, you are keen to subject another girl to their antagonistic behaviour.

RonLeroy

greensalad wrote: »

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

To help you we need to know your contract details, if you haven't signed anyting just move and forget. You need to ckeck does you contract force you to find tenant if you leave. I suspect your contract has end time, when it ends you can move with no responsibility to find new tenant.

greensalad

RonLeroy wrote: »

To help you we need to know your contract details, if you haven't signed anyting just move and forget. You need to ckeck does you contract force you to find tenant if you leave. I suspect your contract has end time, when it ends you can move with no responsibility to find new tenant.

I can try and get a copy of my tenancy agreement uploaded. Yes I signed and it's fixed term until the end of June. So if I can't resolve all this I'll just have to work as many extra shifts as I can and try to pay the rent on two places at once as they simply won't allow me to find a new tenant