Tenant Moving Out. HELP!

orangeslimes

The best option is probably to try and get involved in choosing the new person who moves in. e.g. ask flatmate trying to move out and landlord if you can meet any potential new tenants first (in fact if I was you I'd put up an advert myself and try and find someone myself vetting them over a cup of tea)

Problem is if the landlord doesn't agree...

moromir

My understanding (and I'm sure someone will correct me if I'm wrong) is that:

You and three others have signed a fixed term assured shorthold tenancy until June 2014

On the tenancy agreement the four of you are jointly and severally liable for the rent of a whole property (rather than renting room in which case I would expect you each to have an individual contract referring to you renting a specific room and having use of communal facilities and each setting out the rent on a per room basis)

Because it is a fixed term AST, my understanding is that ALL the parties must be in agreement to determine the agreement prior to June 2014.

IF you are not happy with the prospective 4th person:

I suggest 3/4ths of 'the Tenant' (you will be known collectively as 'The tenant' on the agreement) do not agree to determine the tenancy.

The tenancy must be determined before a new fixed term AST can be drawn up with the three original tenants and the new 4th replacement.

When you do find someone you can get along with, then agree to determine.

But be aware you three plus the departing person remain liable for the whole rent (and your guarantors if the rent is not paid) in the interim.

dancingfairy

As has been said the landlord can't just impose a new tenant on you. You current 4 have an agreement that you will pay the rent until the end of the tenancy. 1 tenant can't give notice during the initial fixed period to bring the tenancy to an end so it will continue. As has also been said you are all jointly responsible for paying the rent. If the other tenant disappears then you are responsible between you for making up the difference.
You therefore 'probably' want to co-operate and try and find a new tenant who you all agree on. If not then the remaining 3 will have to pay the rent between them and try and take the other tenant to court in order to claim their 'share' although that has many difficulties, not least proving that the other housemate owes their share.
I hope you can all agree a compromise.
df