Please help me, I'm desperate

Hattie_s24

Oh god, don't make me panic haha!!

G_M

Hattie_s24 wrote: »

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'm pleased for you and hope you get written confirmation of this, and that it works out.

but I'm surprised. Can you quote precisely what the tenancy agreement says, in relation to the various 'parties'?

I could understand if it separated the agreement into 2 contracts
* between you and the LL
* between you housemate and the LL
and each of you were liable for half the rent under your respective contracts.

And I could understand if this were truly a 'joint and several' contract
* between the 2 housemates & the LL, both equaly responsible for the full rent.

but they seem to be suggesting some combination of these two scenarios, whereby you can end your contract with the LL, leaving the other housemate's contract intact, but with the other housemate having to pick up your rent........

HouseBuyer77

If your housemate refuses to pay bills you could consider taking them to the small claims court. The simple threat to do so may be enough to make her pay out. If not it's pretty cheap to do.

I don't know what the chances of success are but if you're lucky in absence of any evidence to the contrary the court could rule that in effect you two had an agreement that bills would be equally shared which she is in breach of and owes you the money.

TBagpuss

In relation to the bills, you could (expecially if you are spending a lot of time away from the property, smply tell the utility companies you are moving out. Give them a final reading and close your account with them, and give them the other tenant's name to contact to set up a new account.
If you have all of the bills in your name then you are liable even if you can't get the money of her. If one or two of them are in her name then at least you can off-set what she owes you against anything you then owe her.

Hattie_s24

No shock here, head office were wrong and I can't end the contract without my flatmate's agreement.

She has agreed to another tenant providing we find a suitable one though, let's hope she's reasonable

Pixie5740

So this legal adviser, was it someone at the university, Shelter, a solicitor or someone at the letting agency?

Ulfar

I wouldn't take the letting agents word for it. If you have sought advice from a legal advisor can they not write a letter on your behalf stating the point and giving notice, they should also request confirmation in writing of acceptance.

I may have missed it but you haven't put up the break clause so it is impossible for people to give better advice. Your legal advisor has and if they know what they are doing I would go with them.

Hattie_s24

The legal advisor was from the university as part of the SU. They suggested that the meaning of the tenancy agreement was that myself and the other housemate were separate parties, but said it was not clear.
The letting agents have now decided that myself and the other tenant for the purposes of the agreement are one person, so one cannot invoke the break clause without the other's agreement (as I suspected).

I wrote a letter giving my notice to quit and it has not been accepted in writing. Instead, they phoned my housemate stating she'd have to be re-referenced for the full rent (650 a month). This did not go down well as you can imagine, as this was never going to be the situation, we were always going to find another tenant.

Pixie5740

Give Shelter a call and ask them.

Hattie_s24

I have, they were of the opinion that both of us had to agree to invoke the break clause, but they didn't ask about specific wording of the break clause