What say do current tenants have in new tenant?

greensalad

*Robin* wrote: »

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.

I am not sure the girls have chosen someone new at all, from my point of view it seems very unlikely that that is the case. Anyway, I will still ask them but I highly expect the answer will be no.

I do feel awful about putting someone else in there but I am hoping that it won't be an issue for them as the girls won't do anything to a new tenant for fear they have to go through all this again. I'm really stuck with what to do. Pay £1000 extra or try and find someone new? I am feeling more and more like I'll just have to find the money (overdraft, credit card) and pay up because I don't think they'll ever let me find a new tenant as this is obviously what they want, to make life hard for me.

BitterAndTwisted

^^^^That's b0ll0cks!^^^^

The joint-and-several bullying co-tenant has just been given a golden opportunity to bully you some more.

They could decline to agree to another, new tenant on a new joint contract. This will leave you liable to continue to pay the rent until they surrender the tenancy. If you don't pay the rent you could be taken to court either by the landlord or your co-tenants.

Did any of you supply guarantors?

rentergirl

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.

Yep. You can make it difficult. I would also remind them that if the landlord knows 'what they are like,' then he might give them notice, because he can, because he feels like it, when the term is up. Life should be so easy...

BitterAndTwisted

They are students so it's not uncommon for them to be happy to leave in June and find another rental for the next academic year together or separately if they need one.

It's not usual to get these "miserable student" threads at this time of year: the peak is generally in the first term, around October/November time.

greensalad

BitterAndTwisted wrote: »

They are students so it's not uncommon for them to be happy to leave in June and find another rental for the next academic year together or separately if they need one.

It's not usual to get these "miserable student" threads at this time of year: the peak is generally in the first term, around October/November time.

Yes, all girls will be graduating and going their separate ways.

I think I am just going to have to accept it and pay the money Even though they are acting totally unreasonably in not accepting any suitable new tenant, it seems there is little I can do. My plan is to just continue to supply prospective new tenants in the hopes that they change their minds and accept one of them, but I doubt this will happen.

HAMISH_MCTAVISH

Read your contract and find out if sub-letting is specifically prohibited, or only prohibited without written consent of landlord.

If you can get your landlord to consent to you sub-letting the room, then although you would retain liability in the event of non-payment, you could get someone else moved in and paying rent for now, and in practical terms it's unlikely your flatmates would be able to do much about it.

greensalad

HAMISH_MCTAVISH wrote: »

Read your contract and find out if sub-letting is specifically prohibited, or only prohibited without written consent of landlord.

If you can get your landlord to consent to you sub-letting the room, then although you would retain liability in the event of non-payment, you could get someone else moved in and paying rent for now, and in practical terms it's unlikely your flatmates would be able to do much about it.

The contract states:

"Not sublet or part with possession of the property or share the occupation thereof nor take in any paying guest nor allow the same to be occupied by any child without the previous consent in writing of the Landlord."

So, does this mean I could sublet if the LL agrees? I do not know much about subletting, but I assume the new tenant would simply sign some sort of subletting agreement, separate from the tenancy, agreeing to pay rent to the LL and pay bills etc. Then, if she defaults, we'd all still be liable (including myself)?

I guess this would be fine with me as obviously if she defaults I'm still liable but if I don't get a new tenant in there then I'm paying anyway.

I'll ask the LL but I somehow doubt he would let me sublet to someone, although I guess if it means he knows I'm still liable for any unpaid rent etc then it may be OK because it wouldn't make too much difference to him?

I'll talk to him about it tomorrow and see if this might be possible.

HAMISH_MCTAVISH

greensalad wrote: »

The contract states:

"Not sublet or part with possession of the property or share the occupation thereof nor take in any paying guest nor allow the same to be occupied by any child without the previous consent in writing of the Landlord."

So, does this mean I could sublet if the LL agrees?

Yes it does.

And it looks like your problem is solved if the landlord will agree, as your flatmates can't really stop it.

I do not know much about subletting, but I assume the new tenant would simply sign some sort of subletting agreement, separate from the tenancy, agreeing to pay rent to the LL and pay bills etc. Then, if she defaults, we'd all still be liable (including myself)?

Correct.

I guess this would be fine with me as obviously if she defaults I'm still liable but if I don't get a new tenant in there then I'm paying anyway.

Exactly.

I'll ask the LL but I somehow doubt he would let me sublet to someone, although I guess if it means he knows I'm still liable for any unpaid rent etc then it may be OK because it wouldn't make too much difference to him?

I'll talk to him about it tomorrow and see if this might be possible.

I'd say it's your best bet if you can get him to agree.

greensalad

HAMISH_MCTAVISH wrote: »

Yes it does.

And it looks like your problem is solved if the landlord will agree, as your flatmates can't really stop it.



Correct.



Exactly.



I'd say it's your best bet if you can get him to agree.

Thanks for your advice. I'll bring it up with him tomorrow.

As I understand anyway it's only me who is caused problems by subletting really. If I found a replacement and the girls allowed me to sign then I'd be released from the agreement, in this case I'm still on it. So it's only me putting my neck on the line, and I'd rather do this and have a CHANCE at recouping 3 months rent than just flat out know I'm not going to get any.

Hopefully he'll see this and let me sublet but who knows. I assume there is a special type of contract that is required? Also is it common practice for him to simply collect rent from her directly or should it go through me first? (Seems like a long way round but unsure.)

DVardysShadow

HAMISH_MCTAVISH wrote: »

.... And it looks like your problem is solved if the landlord will agree, as your flatmates can't really stop it.

Hmm. I think that the flatmates win here on the right to quiet enjoyment - they can reject the new tenant.

But if they do reject a sublet .... I think they put themselves in a weaker position for a counterclaim for Joint and Several contributions to the rent if they are minded to follow this up ....

OP, in your position, I would be minded to hang on to the keys and pay rent until the Landlord releases you in writing. This leaves open the possibility of visiting with a good reliable witness [parent? over 25 yrs old friend?] in 2 or 3 weeks time and looking for evidence of your space being taken. Don't be afraid to barge into your room at 0230 on a Tuesday morning with your witness and turn the light on. You may disturb someone who makes some revelation ["What the hell are you doing in [B]my[/B] room"] which will amke it loads easier to provide witness statements which support a claim against your current flatmates for a claim for your alternative accommodation. Make sure you have copies of tenancy agreements and home addresses for the other tenants - or at least those who are more likely not to support the ringleader of all of this - these girls are more likely to cave and apply pressure on the ringleaders if you sue them.