Need to leave AST - housemate opposed (use break clause unilaterally?)

ARenter

Hello,

I’m on a year-long AST in a flat share with 1 other person. I'm currently unemployed and have been looking at jobs outside my current city. As such I might find myself position of needing to move out, yet being stuck in an AST which doesn't end until July. 

The AST does have a break clause: For reference, the specific wording of our break clause is "The Landlord and Tenant agree that they have the right to terminate the Tenancy after the first 7 month period....[with] the Tenant giving 1 month's notice in writing in line with the rental payment date. When the notice period expires the Agreement shall cease." The 'Tenant' in the AST is defined as both of us forming forming 'one person'.

My question is - what options do I have to enact the break clause unilaterally?  My flatmate's a decent guy, and we will likely be able to come to some sort of agreement. However, what if he decides to play hard ball and refuses to leave until the AST ends? The above would suggest that the break clause has to be signed by both of us to be valid and that I cannot do this.

For reference I plan to move out in July anyway, so this situation would merely bring forward the inevitable. My worry of course is that I get a great opportunity elsewhere, but my flatmate refuses to agree to use the break clause, thus meaning I have to choose between turning the job down, or taking it and paying the rent on this place until July. Hopefully I’m worrying over nothing, but I want to know how I’d stand in a worst case scenario.

Any advice appreciated,

A. Renter

NewShadow

As noted in your contract, as joint tenants you are effectively one entity with a single contract - it either ends, or continues - One of the joint tenants serving notice ends the tenancy for all the joint tenants.

That said, the landlord will still want it rented out, it's not the LL giving notice, it's one tenant - would it be an option for you/your flatmate to find a new housemate during the notice period and then have them added to the tenancy for the remainder of the term/for a new fixed term with your landlords agreement? 

 Some landlords and letting agents are lazy when it comes to shared accommodation; when someone leaves and a new person comes in the tenancies should be surrendered and a new tenancy created. Alternatively, a deed of variation can be drawn up. Often, neither or those things happen and the new person simply substitutes for the old - could be a strong argument for tea and cake with the landlord to discuss. 

ARenter

Thanks for reply.
I've seen some conflicting information about the 'two tenants=The Tenant'. Others have stated that as one entity, we both have to sign anything concerning the tenancy for it to be valid (e.g. Shelter's Break Clause page) and that one of us cannot just unilaterally do something against the others' wishes (because then only 1/2 'The Tenant' will have signed it and it will therefore be invalid). 
Again, hopefully I can work something out if it comes to it with my flatmate, but we all know how ugly people can turn when it comes to housing and money.

[Deleted User]

It's not just serving notice or invoking the break clause you'll both need to vacate the property to bring the tenancy to an end. Sound your flat mate out and then the landlord about funding a replacement tenant. 

notrouble

NewShadow said:

As noted in your contract, as joint tenants you are effectively one entity with a single contract - it either ends, or continues - One of the joint tenants serving notice ends the tenancy for all the joint tenants.

Not so. That applies to notice served in a periodic tenancy. In a fixed term tenancy, all joint tenants must sign. That is true also, for example, when executing a Deed Of Assignment to substitute one joint tenant with a new substitute joint tenant. All the joint tenants must sign, not just the one leaving.

Basically any change to the contract requires the agreement of all parties to that contract.

Plus as Lover_of _Lycra says " you'll both need to vacate the property to bring the tenancy to an end", though a Deed of Assignment is another option if you can find a replacement tenant and all parties agree.

(I do wish the new forum allowed underlining!)

ARenter

Thanks. Looks like I'm reliant then on the goodwill of my flatmate.

notrouble

ARenter said:

Thanks. Looks like I'm reliant then on the goodwill of my flatmate.

and landlord if you down the Assignment route