Swapping out a housemate

jordan_winter

Hello!

After several searches I have been unsuccessful in finding a resolution to my query. So, I have decided to join this forum and hope that someone might be able to help.

I recently rented a property, with my friend, on a 12 month contract with a 6 month get out clause. Four months into the tenancy my housemate has decided to leave the property and move in with her partner. To do this she has actioned the get out clause and will move out after 7 months.

I could potentially find someone to replace her after the 6 month period. However the estate agent have advised I will need to move out, a final inspection performed and I would then need to start the application process all over again (with no guarantee that the landlord will accept).

Does this sound correct? In the past I have taken over from a previous tenant without the existing tenants having this hassle. It seems unfair to move out, find a temporary home and then move back in to the same property. Besides, I've grown quite fond of the place.

Hopefully someone has had a similar experience.

Many thanks!

hanb

Someone with a lot more knowledge than me will be along soon but when I've had this with flatmates before, we've been allowed to do a 'tenancy swap'. We've had to pay an admin fee to do it but it just means that the new housemate paid the old housemate the deposit (I was responsible for any deductions if there were any) and then the new tenant signs a new tenancy with me to have a new joint tenancy.


Presumably though each agent will have different policies and procedures but could be worth double checking if you don't want to leave!

Pixie5740

When you say your flatmate has used the "get out clause" do you mean that she has invoked the break clause which ends the tenancy for both of you?

If your flatmate had not been so hasty then you could have broached the subject of getting a replacement joint tenant and had a deed of variation drawn up.

Guest101

Strictly speaking the agent is correct.


Ultimately it's up to your landlord, so I'd speak to them

pmlindyloo

You do not say whether you have a joint tenancy agreement or separate tenancies?

I am presuming that you have a joint tenancy.

Shelter has some advice about this:

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

Did you agree to her moving out?

HouseBuyer77

I suspect the agent would like to encourage the move out and back in again plan because it gain them far more money.

Contact your landlord directly and find out what arrangement you can come to.

jordan_winter

Hi everyone,

firstly, thanks for all your help. This has given me a lot to think about and look into.

What I meant by 'using the get out clause' - My flatmate has advised the Estate Agent, by email, that she wishes to 'end her tenancy agreement' and that she is giving her required notice to make us of the break clause in place.

It is a joint tenancy to my understanding, but we did each sign our own copies of the agreement so I'm unsure. My flatmate did make it clear to the estate agent that I wish to remain in the property and bring someone in to replace her. It was only over the phone that they advised her that I would be required to move out.

Since my flatmate has contact them, nothing has been signed and I have had no contact with the estate agent despite the emails my flatmate as copied me in on - therefore I'm hoping that I may still be able to avoid the hassle of moving out.

The move was not necessarily agreed upon and it has left some bad blood. However, she is my friend and I would like to find a civil resolution at least until I can cut all ties.

Ultimately, I think the estate agent only has money in mind and will do what they can to take my cash for additional fees, deposits, etc.

Guest101

So speak to your landlord, as advised.

AdrianC

jordan_winter wrote: »

What I meant by 'using the get out clause' - My flatmate has advised the Estate Agent, by email, that she wishes to 'end her tenancy agreement' and that she is giving her required notice to make us of the break clause in place.

It is a joint tenancy to my understanding, but we did each sign our own copies of the agreement so I'm unsure.

There is just one tenancy, for the entire property, with the two of you named as joint tenants. Your flatmate gave notice on it.

You may well find your landlord amenable to sorting the problem out - but, as the situation stands, your tenancy is being ended by your flatmate's notice.

jordan_winter

I'll be contacting my estate agent today and will try and get in touch with my landlord. At least I have a better understanding of it all now.

Thanks for your help everyone!

Pixie5740

After reading G_M's page I'm not sure if one joint tenant can invoke the break clause on their own. I think one joint tenant can end the whole tenancy only when the tenancy is periodic which it isn't in the OP's case. Maybe G_M or one of the other regular LL posters could advise...?

Ending/Renewing and AST.