Way out of Joint tenancy if found someone to take over?

willeynotwiley

Hi all

I'm hoping I am in the right place (if not can someone direct me?)

My son is currently in a joint tenancy with his ex girlfriend. He wants to terminate his half of the tenancy (given the ex prefix to the word girl friend!) his ex girlfriend is remaining in the property so it is not the full tenancy that is being cancelled.

Having contacted the landlord to explain the situation, she has point blankly said no to ending his half of the tenancy early. This mainly seems to revolve around the two hour round trip she will have to do to sort new contracts, although the she is quoting advice she has got from a letting agent (the house was not let through a letting agent) She has however, said that he can sublet his part of the tenancy but HE will still remain liable and named on the contract.

Can anyone advise please? To me it seems that if the landlord is happy for my son to sublet, meaning his part of the tenancy is covered by a new tenant, the landlord should reasonably release him from the contract and allow the new sublet tenant to take it over. Am I wrong in my thinking?.

HappyMJ

willeynotwiley wrote: »

Hi all

I'm hoping I am in the right place (if not can someone direct me?)

My son is currently in a joint tenancy with his ex girlfriend. He wants to terminate his half of the tenancy (given the ex prefix to the word girl friend!) his ex girlfriend is remaining in the property so it is not the full tenancy that is being cancelled.

Having contacted the landlord to explain the situation, she has point blankly said no to ending his half of the tenancy early. This mainly seems to revolve around the two hour round trip she will have to do to sort new contracts, although the she is quoting advice she has got from a letting agent (the house was not let through a letting agent) She has however, said that he can sublet his part of the tenancy but HE will still remain liable and named on the contract.

Can anyone advise please? To me it seems that if the landlord is happy for my son to sublet, meaning his part of the tenancy is covered by a new tenant, the landlord should reasonably release him from the contract and allow the new sublet tenant to take it over. Am I wrong in my thinking?.

He is liable until the end of the fixed term. Simple as that.

Even if he finds someone to live with his ex-girlfriend he is still liable to the landlord for the rent if that person and his ex-girlfriend don't pay anything.

How long left on the fixed term? Any break clauses?

willeynotwiley

There are ten and a half months left, but the landlord is saying he is liable for the six months as agreed...even though it's a twelve month contract (which I guess is a good thing from my son's perspective)

Not sure about break agreements...it's the longest contract I've ever seen for a rental agreement!

How can he protect himself in the case of subletting? (I still think it's dodgey that the landlord would allow a sublet!)

Pixie5740

They have a joint tenancy giving them joint and several liability for the whole rent. There's no such thing as his share and her share.

When one of them ends the tenancy it ends they tenancy for both of them.

Your son's best options are:

To agree a mutual surrender with the landlord an ex where they both move out.

To get the landlord an ex to agree to ending the joint tenancy and the ex getting a sole tenancy in her name.

Remaining in the property with the ex until they can both leave at the end of the fixed term.

The subletting option still leaves your son liable for the whole rent and any damages so I would avoid it.

HappyMJ

willeynotwiley wrote: »

There are ten and a half months left, but the landlord is saying he is liable for the six months as agreed...even though it's a twelve month contract (which I guess is a good thing from my son's perspective)

Not sure about break agreements...it's the longest contract I've ever seen for a rental agreement!

How can he protect himself in the case of subletting? (I still think it's dodgey that the landlord would allow a sublet!)

He can't...his best option as mad as it sounds is to stay in the property for the period that he has agreed to. It sounds like there is a 6 month break clause. Take advantage of it.

If he moves out he could ask the ex to pay the full rent for the remainder of the 6/12 months but the ex does have a case against him to pay half the rent for the remainder of the fixed term.

A dodgy landlord? If the ex has found a new partner even a kosher landlord will allow (in most cases) a new partner to move in and set up a new tenancy agreement. In the meantime he's on the tenancy agreement and has to pay if the ex does not.

Kynthia

There's is no 'half' or 'his share' of the tenancy. They are joint tenants and between them they owe the whole rent and are responsible for the property until the tenancy ends. The tenancy can't end unless all involved agree before the six months is up, the landlord gives notice after the break clause is enacted and gets a court posession order, both joint tenants give notice after enacting the break clause, or one joint tenant gives notice after the fixed term has ended.

Your son can't move someone into the property without the permission of the other tenant. So he needs to decide which of the above options he thinks will work.

G_M

Legal position is as explained above. Options:

1) check contract for wording of Break Clause and use that - but both he and the ex will need to agree (are they amicble or being spiteful to each other?)

2) agree an 'Early Surrender' of the (entire ) tenancy - he, ex and landlord must all agree. Maybe offer the LL an incentive eg cash! Ex can thn sign a new tenancy agreement with LL, either in sole name (if LL is willing - he may not be) or jointly with new person (if LL accepts the person - he may not)

3) move back in with ex. Make life unpleasant till she moves out

4) move back in with ex. and be as pleasant as possible till fixed term ends. Note - at THAT point, unless they both move out, a periodic tenancy, still in both their names, will start.

5) move out, run, hide. If LL chases for any rent arrears/damage (via courts etc) make sure can't be found. Hard! Immoral! Legally dangerous!

6) find new joint tenat acceptable to both ex and LL and ask LL for a "Deed of Assignment". which substitutes new name in place of his on the current tenancy, which continues.

TBagpuss

Pixie is correct. If your son does not want to stay then his best bet would be to find a new tenant and then request the landlord agrees an earl surrender and grant of a new tenancy agreement to the ex and new tenant. The landlord could reasonably say that they will agree on condition that your son (or the ex and new tenant) cover the costs of the change over

xylophone

I was once acquainted with a married couple who were divorced in all but name but for reasons best known to themselves, continued to share the marital property....

Perhaps he should just try to find a modus vivendi with the ex until next summer when he can move on - who knows, perhaps she'll tire of the arrangement and beg him to move out early....

willeynotwiley

G_M wrote: »

Legal position is as explained above. Options:

1) check contract for wording of Break Clause and use that - but both he and the ex will need to agree (are they amicble or being spiteful to each other?)

That's a tricky question to answer...it is reasonably amicable in the sense that she is happy for him to be off the contract (helped by the fact that her choice of new tenant is her ex!)

2) agree an 'Early Surrender' of the (entire ) tenancy - he, ex and landlord must all agree. Maybe offer the LL an incentive eg cash! Ex can thn sign a new tenancy agreement with LL, either in sole name (if LL is willing - he may not be) or jointly with new person (if LL accepts the person - he may not)

LL is refusing point blank to remove his name despite being happy for new tenant to move in.

3) move back in with ex. Make life unpleasant till she moves out

Tempting but could end in murder!

4) move back in with ex. and be as pleasant as possible till fixed term ends. Note - at THAT point, unless they both move out, a periodic tenancy, still in both their names, will start.

He tried that ...it lasted a day! She just kept saying she wanted him back and each time he said it wasn't happening she 'went psycho'!

5) move out, run, hide. If LL chases for any rent arrears/damage (via courts etc) make sure can't be found. Hard! Immoral! Legally dangerous!

He would LOVE this idea...a life on the run, very exciting - in theory

6) find new joint tenat acceptable to both ex and LL and ask LL for a "Deed of Assignment". which substitutes new name in place of his on the current tenancy, which continues.

This would seem to be the best option available.

The issue is with the LL. Things are quite complicated in respect of the LL. The actual LL lives in Norway! His sister is dealing with things on his behalf. She lives a two hour round trip from the property so is reluctant to travel to do anything regarding changes to the tenancy.

A visit to the CAB today has led to a solicter appointment next week, as they feel the LL (or his sister as his proxy) is being unreasonable in the circumstances - the suggestion of subletting but not changing the tenancy seemed to be a contentious issue as far as they are concerned.

G_M

willeynotwiley wrote: »

The issue is with the LL. Things are quite complicated in respect of the LL. The actual LL lives in Norway! His sister is dealing with things on his behalf. She lives a two hour round trip from the property so is reluctant to travel to do anything regarding changes to the tenancy.

- the suggestion of subletting but not changing the tenancy seemed to be a contentious issue as far as they are concerned.

which is why it was not on my list of options.

Might one conjecure that neither the LL, nor his sister, are very familiar with LL/tenant law, so reluctant to mess with the contract? Made worse by the distance complicating conversation/negotiating?

One solution might be to make it as easy for hem as possible:

* Find new tenant (I understand this has already been done?) and draw up a Deed of Variation yourselves.
* Get the 3 of you (2 current tenants + new tenant) to sign it with witness(s)
* post to LL (or sister if she is his agent?) asking her to sign + witness

Sorted! (as long as he agrees...........