Please help me, I'm desperate

Mojisola

Hattie_s24 wrote: »

I'll give you some background, I signed with a girl I'd never met before as I had to find a property quickly as I was starting a new course, but things have not worked out between us and I am suffering with depression and anxiety as diagnosed by a doctor as a result of the situation becoming very hostile and intimidating to me.

pinkshoes wrote: »

So the only issue is the lack of heating and the mould?

Isn't the flatmate the real problem?

dancingfairy

You can't buy your way out of the contract. You could pay your half of the rent for the remainder of the contract but I'm pretty sure it doesn't end your tenancy or your responsibilities. You would still be jointly liable for any council tax due, you would still be responsible for any damage done to the flat between now and next January, you would still be jointly liable if the other tenant doesn't pay/ runs off etc etc.
I can't see there is advantage to paying your share of rent early?
I don't think you and the landlord can just end the tenancy given there is another person involved.
Sorry, there are no easy answers.
Df

moneyistooshorttomention

I'm wondering if OP has any leeway for telling this flatmate that she doesn't intend to live with her anymore (but won't be moving out). If OP refuses to either live with flatmate or move out - then would flatmate still be legally able to continue living there??

(After all - the bills are in OP's name - hence wondering whether OP could refuse to accept flatmate there any longer and find someone else to move in instead?)

Is that possible?

HappyMJ

moneyistooshorttomention wrote: »

I'm wondering if OP has any leeway for telling this flatmate that she doesn't intend to live with her anymore (but won't be moving out). If OP refuses to either live with flatmate or move out - then would flatmate still be legally able to continue living there??

(After all - the bills are in OP's name - hence wondering whether OP could refuse to accept flatmate there any longer and find someone else to move in instead?)

Is that possible?

If the flatmate's name is on the joint tenancy then she has a legal right to occupy the property until either the tenancy is ended by the landlord (by the non-payment of rent) or they get to the last day if the fixed term and OP terminates the tenancy for the both of them, moves out and returns possession. Unless this person has been violent towards the OP it's very difficult to claim sole possession before the end of the fixed term. OP would have to encourage her to leave. Cash usually is quite helpful at negotiating with her for her early departure from the property.

FBaby

Can't you just come up with an agreement with the flatmate that you just totally ignore each other. Stay in your room when they are not in theirs, and use the rest of the place when she is or is out? I know, not ideal, but surely better than paying for 9 months rental for a place you're not using?

moneyistooshorttomention

FBaby wrote: »

Can't you just come up with an agreement with the flatmate that you just totally ignore each other. Stay in your room when they are not in theirs, and use the rest of the place when she is or is out? I know, not ideal, but surely better than paying for 9 months rental for a place you're not using?

That wouldn't solve the problem of the flatmate not doing their share of the housework or going round badmouthing OP though...

Pixie5740

Having a housemate who doesn't do their fair share of the housework is part and parcel of house sharing. I've had plenty of flat shares where one flat mate is a clatty midden. As for bad mouthing, whatever happened to stick and stones?

The housemate has just as much legal right to live in the property as the OP. There isn't really a way round that unless one of them moves out and a suitable replacement is found.

I don't think the OP moving out at the end of the fixed term will end the joint tenancy if the other joint tenant doesn't move out too.

pmlindyloo

Pixie5740 wrote: »

Having a housemate who doesn't do their fair share of the housework is part and parcel of house sharing. I've had plenty of flat shares where one flat mate is a clatty midden. As for bad mouthing, whatever happened to stick and stones?

The housemate has just as much legal right to live in the property as the OP. There isn't really a way round that unless one of them moves out and a suitable replacement is found.

I don't think the OP moving out at the end of the fixed term will end the joint tenancy if the other joint tenant doesn't move out too.

The OP can move out at the end of the fixed term whether the joint tenant agrees or not.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

Pixie5740

pmlindyloo wrote: »

The OP can move out at the end of the fixed term whether the joint tenant agrees or not.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

Yes the OP can move out but I'm not sure that will help much. If the tenancy is ended by one of the joint tenants and the other joint tenant doesn't move out couldn't they then be liable for double rent under the Distress for Rent Act?

Hattie_s24

Hey guys sorry its taken me a while to respond.

I had a legal advisor pick through my tenancy agreement this morning, and she was of the opinion that although the agreement is a joint tenancy with a break after 6, myself, the other flatmate and the landlord are listed as separate parties (3 parties rather than myself and the other girl being listed as 1) and consequently, either flatmate can invoke the 6 month break clause to remove themselves from the tenancy agreement.

I went back to my letting agent to query this, and they phoned their terminations department at head office, who confirmed this was indeed the case (verbally). I've asked for written confirmation that this is true, and they've told me this will be emailed to me.

In this situation, it appears my name will be removed from the agreement at the 6 month break clause (in a process they're calling an amendment to the tenancy agreement), and the other tenant, my current flatmate has the option of either accepting a new housemate and splitting the rent, or fronting the whole rent herself and remaining as the sole tenant on the agreement.

I'm surprised this is the case I must say, as I thought a joint tenancy effectively meant you were 1 person