Joint tenancy ending early-other tenant leaving

dutchbeth

Hi, first time poster here.

I am renting a flat through a joint tenancy (joint liability, no break clause), with my sister. Initially I lived in the studio flat attached, but we moved in together as I wanted to help her out when she moved to the UK from Spain.

The tenancy is due to end in October, and since she has a new job now which is in another part of London, she has told our landlord she is moving out early, also citing noise from the tenant below.

I am left with an awkward situation, both want me to find a new tenant, which I am happy to do , even though I am really busy with professional exams at the moment and it will be hard to find the time to do viewings. However, my landlady has mentioned that the tenancy with the stranger would be a new contract of a year in length. Since I also want to move out but at the end of the contract (the house is near a busy road and quite noisy), I only want to live there until the end of the contract in October. What rights do I have? Can I just move out too? This i soo stressful and I have work and exams and can't really deal with this right now!////....

Slithery

Ending/renewing an AST

G_M

dutchbeth wrote: »

.
I am renting a flat through a joint tenancy (joint liability, no break clause),.........

The tenancy is due to end in October, and since she has a new job now which is in another part of London, she has told our landlord she is moving out early, also citing noise from the tenant below.
She can move out if she wants, but she will remain a joint tenant unless you, she, and the landlord all agree to end, or vary, the tenancy.

I am left with an awkward situation, both want me to find a new tenant, which I am happy to do ,....
As stated above, that is an option provided you, she and the LL agree
* to end the current joint tenancy, (and the LL agrees a new joint tenancy with you and someone new), or
* to vary the current tenancy by substituting a new name for your sister

my landlady has mentioned that the tenancy with the stranger would be a new contract of a year in length.
It is up to you, the new tenant, and the LL to agree the terms (rent, length etc) of the new tenancy.

Since I also want to move out but at the end of the contract (the house is near a busy road and quite noisy), I only want to live there until the end of the contract in October.
Then ask for a 6 month tenancy (till Oct).

What rights do I have?
None. Except to continue to pay full rent till October under the current tenancy (along with your sister).

Can I just move out too?
Yes but
a) the tenancy would not end - full rent still has to be paid
b) if the property is left 'unoccupied' for more than X days ( see tenancy agreement) there may be conditions (because of insurance etc).

Negotiation and compromise is the key. Your sister needs to understand she signed a contract till Oct and cannot just walk away with no consequences.

AnotherJoe

You're in luck ! In English law the fact you got a new job or the road nearby is noisy automatically cancels any contract you've signed ........ oh, sorry, no it doesn't.
Better tell your sister she owes you for the half rent until October, she's the one causing the issue.

saajan_12

Options are
1) Remain as is, you and sister are jointly liable for the full rent. Ensure the property is vacated by the end of the fixed term, and your liability will end there. Note the full rent isn't paid, the LL can go after one of you and leave you to chase sister's share.

2) Get a lodger for sister's room. Lodger pays rent to you, you pay full rent to LL. Make sure you have a periodic agreement with teh lodger with short notice period, so that you can terminate that and ensure they leave when your tenancy ends. Your contract with the LL is unchanged. However if the lodger doesn't pay, you + sister still owe the full rent to the LL and have to chase the lodger separately.

3) Find a new tenant and sign a Deed of Variation to replace sister with new tenant in the original agreement.

4) Early terminate the current tenancy and sign a new tenancy with the new tenant, you + LL. This can be for whatever terms / length you all agree to.

No (1) is the default. No(2) requires you + sister to agree. No (3) and (4) require all three of you to agree (you + sister + LL).

Any party can refuse / impose conditions eg a extending the length, reference checks, fees.. So if you can't come to an agreement with the LL for a short enoough tenancy and no fees, then I suggest you tell sister that you have a right to (1) ie no change until the end of the fixed term, which will be expensive for her, so she should help find a new occupant, with your sign-off as you'll be living with them, and effectively do (2).

dutchbeth

Thanks all for the really great responses. I'm a lot more clear now and think best option is to find a new tenant and agree to six months with them, which will take me to my original move out date of October. If its a success can carry on the arrangement, and everyone's happy.