Ending a fixed term - joint tenancy agreement early

richardc1983

Been asked to post this on behalf of my friend:

History - BF has been arrested for being violent towards her approx 4 months ago and has pending court appearance. He ruined her bday by smashing her things up and being violent towards her, this was earlier in the year and I thought she was over him (she lived with him in his place at this point). She moved back in with her parents but he wormed his way in making her believe that she is the one with the problems - she lacks confidence in this area so she fell for it. She said they were getting on well but as friends you cant make someone make decisions - they have to make decisions for themselves. So anyway they ended up getting on well for a bit and they have now ended up moving in together (bad idea friends and family said).

The situation now: She & her bf have signed a 12 month lease to save £30 per month from an apartment rental. They have been there 3 weeks & unfortunately 3 weeks into the lease her boyfriend has become aggressive & tried isolating her. Making her feel trapped & lonely & she can never go out with her friends as he kicks off. Also he is constantly trying to start fights then telling the neighbours (inc landlord) that she was the one who was constantly arguing.

They have offered to let the flat until someone else was found for the rental. Landlord & agents can put it back on the to let listings & for them (my friend & bf) to pay the agencies fees. But, when speaking to the landlord today he doesn't seem too keen on that idea.

So where do they stand. Landlord & agency are wanting a meeting with friend and her bf tmrw as they have come up with 3 options to which they will have until Monday to decide. BF has already said he is off to London so wont attend the meeting so hes making things difficult when she is trying to resolve things.

She is scared of being in the place when he is there as he is just drinking heavily at the moment when she is at work and getting no sleep so she is staying at parents. He has spat in her face previosly and thrown things at her too. Hes vile.

Any help appreciated I know she is silly for going back this time but she is not a confident person and he has ground her down I feel this is it though this time.

I will forward her the link so she can check for replies.

Thank you

marliepanda

Has she spoke to anyone about escaping the domestic violence situation?

Unfortunately they are under contract so their only option is to seek an early termination with agreement of the landlord. Is there a break clause in the tenancy by any chance?

If not, its really up to the LL but he would be mad not to take up the offer of paying the readvertisement fees and rent up until a new tenant is found, as in my eyes if you have unwilling tenants the more chance there is of falling into rent arrears etc.

BitterAndTwisted

She should write down the three options offered and then post them up on here.

The absolute truth is that regardless of the particular circumstances nether of them have an absolute right to end this tenancy and are therefore legally-bound to pay the rent for the rest of the fixed-term. That's why it's called "fixed".

The best they can hope for is a mutual surrender with the tenants paying the rent until new tenants can be found and to pay all of the landlord's costs but that's totally in the landlord's gift.

G_M

Clearly she needs relationship advice, which few of us here are qualified to give.

But on the legal issue of the tenancy, as has been said: is there a break clause in the tenancy? If so it is likely to be at the 6 month point, so still a considerable time in the future.

The tenancy can only be ended early (Early Surrender) with the agreement of the landlord.
Offering to pay his costs is sensible and he may come round to agree to this.
If no agreement is reached, then they are both (seperately and/or jointly) liable for the rent for 12 months.

If the LL has 3 options, I suspect one of these will be Early Surrender.

tbs624

OP - please tell your friend to contact Womens Aid. They have support workers who have heard all this before and can help her find a way through it. They may be able to come along with her to the meeting with the LL/LA for some moral support.

LL would be foolish in the circumstances described by the OP to not agree to an early surrender, with Ts paying the reasonable costs involved in the re-letting.