Tenancy shared

Louks_77

Hi.
I am 3 months into a years tenancy agreement (I believe notice can be given at 6 months) my question is... I share the property with a "friend" who pays less rent than myself the living arrangements aren't working out for various reasons. If he chooses to leave before the 6 month period am I liaible for his share of the rent? I assume he could get someone to take over his tenancy but not sure how this would work. Please help it's driving me insane

da_rule

It would depend on the tenancy, but in a lot of cases you are jointly liable for the rent. You could take separate action against him if you have a separate agreement relating to how you share the rent etc.
If you want to remove him from the tenancy and get another housemate you would need the permission of all parties (i.e. you, the person leaving, the new person and the landlord).

Louks_77

Thanks.
It's all very confusing. I stupidly did not make any written agreement with the person I'm sharing with and both names are on the tenancy despite the rent coming from my account only so I guess I'm screwed 😱
Thanks for your response

da_rule

There doesn't necessarily need to be a formal agreement if you can prove that he pays you a set amount each month and then you pay the rent etc. but this can be harder to prove. You're much better off either trying to stick it out for 3 more months or speaking to the landlord/agent and see how accommodating they are about adding someone else to the tenancy and taking off the current person. The current person will also have to want to leave. There may also be charges to amend the tenancy agreement.

Louks_77

So the plot thickens. He now is talking about breaking his tenancy and just leaving. Does that mean I will be responsible for the full rent!

Pixie5740

As joint tenants you both have joint and several liability for the whole rent. Legally speaking there's no such thing as "your share" and "his share".

If he chooses not to pay towards the rent then you will need to make up the shortfall or face going into arrears. You could then take this so-called-friend to small claims court but that's between you and him not you (plural) and the landlord.

A couple of options that you may have would be to a) take in a lodger to help with the rent, b) find a replacement tenant and ask the landlord to carry out a deed of variation.

Who is named as the lead tenant for deposit protection?

Louks_77

Thank you for your advice. I don't believe there was a lead tennant as we both paid deposit and first moths rent. The rent comes from my account as mentioned before I pay more. I don't want to sublet as don't want any come back on me and the agreement states no subletting. I will speak with the estate agent tomorrow and see what they advise. As I couldn't stretch to the full amount. I know the landlord has other properties so was thinking if he has a one bed available he may let me exchange and re let this although I'm sure that's a long stretch.
Thanks again for your help and advise

Pixie5740

The deposit is usually only registered under one name, check with the deposit scheme to see whose name has been used. Hopefully it will be yours since your friend is !!!!!!ing off.

Getting a lodger is not the same as subletting. Lodgers are excluded occupiers not subtenants and as such have very few rights.

It's certainly worth a shot asking your landlord if you can move to a smaller, more affordable property. It's also in his interests to reduce the amount of arrears and an early surrender of the joint tenancy on this property would be cheaper for him than pursuing one or both of you through the courts.

G_M

Louks_77 wrote: »

..... and both names are on the tenancy

So you are joint tenants. You each owe the full amount of the rent (any sharing of rent is a purely informal arrangement between you).

If the full rent is not paid, the landlord can chase the arrears from either of you, or both of you.

If he just leaves, you will owe the full rent. The LL is mre likely to chase you as you'll be easier to find!

(I believe notice can be given at 6 months)

What is the exact wording in the tenancy agreement?

If he just leaves, you will owe the full rent. The LL is mre likely to chase you as you'll be easier to find!

Options:
* Get a lodger.
* demand he continues to pay his share (and hope he does!)
* ask the LL for an 'Early Surrender' of the tenancy (ie to let you move on). The LL does not have to agree, but if you offer to pay his costs (advertising, lost rent between tenancies etc) he may agree
* ask for another property (as above, Early Surrender of this tenancy and start a new one)
* absorb the extra cost til the 6 month Break Clause, then leave (assuming there IS a BC and you activate it properly)

Louks_77

Thank you guys I have spoken to the landlord who was really supportive and think I've come up with a plan.
Appreciate all your advice

G_M

Oh the suspense! The supense!

Go on.... give us the resolution.