Can I be evicted?

jbmadd

I am currently living in a shared flat with two other tenants. The contract (joint tenancy) was originally for 6 months, but is now rolling (after three years).

Housemate 1 is moving out next month to buy his own place so he will give notice. Housemate 2 wants to stay indefinitely. I would like to stay for 3 months only, because I have other plans after that. Ideally this would have coincided with housemate 1 buying his place, but it has not quite and so I'm a little stuck.

I have asked the landlord if she will do a 3 month contract and she has said this is fine.

My problem is that housemate 2 does not want to have the problem of finding another housemate now, and then having the potential problem of finding two housemates again in 3 months' time (if the first one also decides to move out).

Housemate 2 would rather I move out now so he can move in two new people.

My question is, if housemate 1 gives notice on the place and moves out, and I simply refuse to move out and say I will only sign a 3 month contract, is there anything housemate 2 can do to evict me?

To be honest, I would like to move out now, but I simply can't without it costing me a lot and I don't see why I should have to move out. He doesn't seem to have a reason other than the convenience. In my opinion, in London at least, it is a lot easier to find someone to fill a place in a flat (what he would have to do if I stay) than it is to find a flat for 3 months only (what I would have to do if I move out).

So I suppose 1) could I be evicted and 2) it would be interesting to get peoples' opinions on whether I am being unreasonable.


Thanks
J

silvercar

Will the landlord offer you a 3 month contract?

If housemate 3 refuses to sign a 3 month contract, then you will all need to go to satisfy the notice that housemate 1 has given to end the contract.

If you refuse to sign a 6 month contract, then again the current contract isn't ended unless you all leave.

If you all don't comply with the notice that housemate 1 gave to end the current contract, then the contract isn't ended. So housemate 1 is still tied in.

Negotation all round I would say.

lighting_up_the_chalice

In theory, any one of a joint tenancy serving notice will bring that tenancy to an end. So, housemate 1 serving notice effectively serves notice on all of you. However, I would discuss the issue with your landlord as a first result. Legal definitions can wait.

LeighBelle

If you are on a joint tenancy, how are you legally able to sign a separate tenancy with landlord, I'm confused?

Regarding housemate 2, it's understandable that he might be a bit concerned about having to find 2 HMs, one after the other, and the uncertainty that goes with that.
If it's easy to find a housemate, could you perhaps reassure him that you will help him with this, when the time comes for you to leave?

jbmadd

Thanks for your replies.

@silvercar Yes the landlord has said that, when housemate 1 moves out, whoever is left can find someone new and sign up to a 3 month contract (joint tenancy again).

@LeighBelle I am not able to sign a separate tenancy. The landlord has said that we can have a new 3 month joint tenancy when the current one is ended by housemate 1 giving notice.

@LeighBelle I said to housemate 2 that I would help but he does not want my help because I won't be here in 3 months so he doesn't want my opinion on the potential housemates. I also reassured him and said that, three years ago, when it was me and housemate 1 looking for a tenant (that is how we found housemate 2!), we did it all easily within 1 week.

The flat we are in is underpriced - the landlord has not raised the rent in 4 years and has said that she is happy to keep it at the current rate. To put this into context, I would be happy to pay at least 30% more for it - this would make it a similar price to similar flats in the area. Even three years ago, we had 10 viewings, 9 of whom wanted to move in.

Because it's such a good deal and it's a really nice flat in London, I think it will be really easy to find someone anytime. H2 put an advert for H1's room up online and within one day has arranged 5 viewings!

For me it simply comes down to the fact that moving out and finding somewhere to live for 3 months is a massive problem, whereas finding someone to fill the space is going to have to happen anyway, whether now or in 3 months. It all seems to be based around the joint tenancy as well; say we had three separate rolling tenancies, then it would be irrelevant and I would not need H2's agreement as to when I decide to move.

jbmadd

So actually yes we need to sort it out between ourselves but I suppose the reason I brought it up on here is because I am wondering what the worst case scenario is.

I know that on an AST, the landlord has to give 2 months notice to evict. However, once H1 has served notice, the AST effectively comes to an end. So then do I have any rights? If it came down to it, could I be evicted without notice since I no longer have a contract?

I would be perfectly happy for H2 to move out as I could easily find two other tenants. Does H2 have any rights either?

I'm hoping it won't come to this, but I would be keen to know the worst case scenario.

BitterAndTwisted

No. you cannot be evicted without notice. You still have a contract even though it's no longer a fixed-term one. If the landlord feels that they will be mucked about and have less than the full rent coming in they may decide to commence the eviction process. But that would mean giving you two complete rental-periods notice before applying to court for possession.

Regardless of what T2 would like to happen just stay on, pay your rent and give the landlord proper notice for when you want to leave.

jjlandlord

We don't know what the landlord intends to do.
However, legally since a valid notice to quit from T1 will end the tenancy the landlord will then be able to start eviction proceedings without further notice.

G_M

Valid notice to end the tenancy has been served by "The tenant" (ie T1 who is one of the joint tenats).

If at the expiry of the notice if you do not all leave, then
* the landlord can charge double rent ([FONT=&quot]Distress For Rent Act 1747 S18[/FONT][FONT=&quot] )[/FONT]
* the LL can immediately go to court for possession

The solution here is to discuss all your plans with the LL and reach an amicable way forward.

I suspect this post demonstrates a common misunderstanding about jount tenancies.

* there is one single tenancy which binds all jont tenancies. It cannot be sub-divided, with joint tenants coming and going (at least not in terms of the legal obligations)
* there is one rent amount, not sub-divisions owed by each joint tenant. If one joint tenant leaves (or fails to pay their share) the others are liable to pay the full rent.