Student Joint Tenancy conundrum

Standy

My daughters boyfriend is in an 8 way tenancy share. He wishes to move elsewhere for his final year as the others are using 'substances'. He had found someone willing to take over his 'share' but the other folks were unwilling to agree to this person. They will not show anyone round, pretend to be out when they are not are are basically being awkward. The landlord / tenant agreement doesn't really cover this explicitly. Where does he stand? Should he continue paying his share or not? Where does he stand with regard to the others refusing anyone and everyone he comes up with? Does my daughter know how to pick em?

anselld

What are the terms of the current tenancy ( still within fixed term or periodic, etc)?

If it is a joint tenancy then a single party to that tenancy can give notice to terminate. Hence if the terms are 1 month notice, he can give notice unilaterally provided it is correctly served. What the others choose to do thereafter is not his problem.

If within fixed term it is much more difficult as it does rely on co-operation to find a replacement.

G_M

My daughters boyfriend is in an 8 way tenancy share.

By this I assume you mean a joint tenancy? With joint and several liability?

When did it start and how long is it for (or when does it end?)
Is there a break clause?
Is this Eng/Wales?

Unfortunately once a tenant signs a fixed term tenancy they are commited by the contract and therefore dependant on the goodwill of the landlord to either

1) agree to an early Surrender of the (complete) tenancy (which could then be replaced by another with new tenants) or
2) agree to 'assignment' ie replacement of one joint tenant with another - but this requires the agreement of ALL the joint tenants as well as the landlord, new tenant.

He could, of course, simply move out and stop paying his 'share'. If, as I assumed above, the tenancy is 'joint and several' then the remaining tenants would be equally liable as him for the shortfall, and the LL might decide it is easier to chase the remaining tenants for the missing rent, than the absent tenant.

Legally, they are ALL, liable.

Of course, the remaining tenants could sue him for the money if they have to make it up.

And he'll have lost 7 friends - but then it sounds like they are not really friends.....

G_M

anselld wrote: »

What are the terms of the current tenancy ( still within fixed term or periodic, etc)?

If it is a joint tenancy then a single party to that tenancy can give notice to terminate.This only applies if the tenancy is periodic. I suspect it is not.. Hence if the terms are 1 month notice, he can give notice unilaterally provided it is correctly served. What the others choose to do thereafter is not his problem.

If within fixed term it is much more difficult as it does rely on co-operation to find a replacement.

The OP needs to clarify.

anselld

G_M wrote: »

The OP needs to clarify.

Yes of course. I assumed "move elsewhere for final year" meant they were together last academic year and he wants to move next. So unless tenancy has been renewed it may be periodic.

Standy

It is fixed term 12 months from 29/6/12. I cannot post any links to stop spammers, but could email the pages if that helps

Standy

G_M wrote: »

By this I assume you mean a joint tenancy? With joint and several liability?

When did it start and how long is it for (or when does it end?)
Is there a break clause?
Is this Eng/Wales?

Unfortunately once a tenant signs a fixed term tenancy they are commited by the contract and therefore dependant on the goodwill of the landlord to either

1) agree to an early Surrender of the (complete) tenancy (which could then be replaced by another with new tenants) or
2) agree to 'assignment' ie replacement of one joint tenant with another - but this requires the agreement of ALL the joint tenants as well as the landlord, new tenant.

He could, of course, simply move out and stop paying his 'share'. If, as I assumed above, the tenancy is 'joint and several' then the remaining tenants would be equally liable as him for the shortfall, and the LL might decide it is easier to chase the remaining tenants for the missing rent, than the absent tenant.

Legally, they are ALL, liable.

Of course, the remaining tenants could sue him for the money if they have to make it up.

And he'll have lost 7 friends - but then it sounds like they are not really friends.....

Yes, it IS joint and several. It is Co Durham i.e. ENgland. I have not spotted a break clause

Standy

anselld wrote: »

Yes of course. I assumed "move elsewhere for final year" meant they were together last academic year and he wants to move next. So unless tenancy has been renewed it may be periodic.

It is not periodic. He was planning to do his final year in this different property with different co tenants. The let started June 29th, he hasn't even moved in due to his disapproval of their 'habits'. He may not even be going back to Uni apparently:eek:

anselld

Standy wrote: »

It is not periodic. He was planning to do his final year in this different property with different co tenants. The let started June 29th, he hasn't even moved in due to his disapproval of their 'habits'. He may not even be going back to Uni apparently:eek:

Fair enough.
Difficult then as GM sates.
Has anyone signed as guarantor?

cotleigh

He should point out to the others that they are ALL jointly liable for all the rent due, so it isn't really in their interest to make it near-impossible to find a replacement. Or: get off his high horse about others' recreational drug use. If he doesn't want to do it, fair enough, but why let what others get up to bother him so much?

princeofpounds

What number tenant is he on the tenancy agreement?

His situation is slightly different if he is one of the first four named tenants or not, if I recall correctly.