Leaving rental tenancy early

startoveragain

My daughter signed a joint and several rental contract in March 2020 to share a house with 2 other girls and a bathroom with one of the girls. Since moving in a boyfriend of one of the girls has been living there and sharing the bathroom with my daughter and the girlfriend. He apparently is on a rent contract for another property but has been in the same house as my daughter 24/7 since she moved in. Last week my daughter lost her job and would like to leave the property. Not only because she now can't afford to pay the rent but because she has also been feeling uncomfortable sharing the house and bathroom with a man who is not on the contract and moreso that her housemate and the boyfriend are not respecting the covid restrictions and go out on cycle rides and to dinner with the girlfriend's family.  My daughter has respected the covid rules and is worried for her health. Is there any way she can legally be removed immediately from the contract with no obligation to continue paying the rent and have her deposit returned to her? Especially under all these circumstances. 

[Deleted User]

startoveragain said:

My daughter signed a joint and several rental contract in March 2020 to share a house with 2 other girls and a bathroom with one of the girls. Since moving in a boyfriend of one of the girls has been living there and sharing the bathroom with my daughter and the girlfriend. He apparently is on a rent contract for another property but has been in the same house as my daughter 24/7 since she moved in. Last week my daughter lost her job and would like to leave the property. Not only because she now can't afford to pay the rent but because she has also been feeling uncomfortable sharing the house and bathroom with a man who is not on the contract and moreso that her housemate and the boyfriend are not respecting the covid restrictions and go out on cycle rides and to dinner with the girlfriend's family.  My daughter has respected the covid rules and is worried for her health. Is there any way she can legally be removed immediately from the contract with no obligation to continue paying the rent and have her deposit returned to her? Especially under all these circumstances. 

Nothing you have put in your post gives your daughter the legal right to terminate the tenancy agreement early.  The best she could hope for is to negotiate with the other joint tenants and landlord to either surrender the tenancy and a new tenancy created without her or for a Deed of Variation to the existing tenancy agreement possibly to replace your daughter with the boyfriend on the existing tenancy.

[Deleted User]

Does the tenancy have a fixed term, i.e. 6 months or a year?

Or is it a periodic, month-by-month contract?

What does the contract say about giving notice?

Comms69

startoveragain said:

My daughter signed a joint and several rental contract in March 2020 to share a house with 2 other girls and a bathroom with one of the girls. Since moving in a boyfriend of one of the girls has been living there and sharing the bathroom with my daughter and the girlfriend. He apparently is on a rent contract for another property but has been in the same house as my daughter 24/7 since she moved in. Last week my daughter lost her job and would like to leave the property. Not only because she now can't afford to pay the rent but because she has also been feeling uncomfortable sharing the house and bathroom with a man who is not on the contract and moreso that her housemate and the boyfriend are not respecting the covid restrictions and go out on cycle rides and to dinner with the girlfriend's family.  My daughter has respected the covid rules and is worried for her health. Is there any way she can legally be removed immediately from the contract with no obligation to continue paying the rent and have her deposit returned to her? Especially under all these circumstances. 

No. Nothing in that is actionable. 

greatcrested

I suspect (might be wrong) that the 3 girls knew each other and signed uptogether (rather than having been thrown together at random). That being so, then an adult conversation with her friends is needed. She needs to express her concerns, concentrating on the shared bathroom and the 24/7 presence of the boyfriend rather that the gender issue of Covid-19 issues.

In any shared house it is both common, and fair, for residents to have their partners visit and stay. But clearly if it is full time then that is taking the ****.

A fair solution, if the girl and partner want to spend every day/night together, would be to split their time between her house and his.

If he wants to live there full time, there are ways he could move in, assuming the LL agreed, either in place of your daughter if she wanted to move out, or as a 4th tenant thus reducing everyone's share of the rent.

But the first step is to discuss with the other girl(s), and then get the LL's agreement for any change.

saajan_12

Assuming the 3 tenants are on one 'joint and several' contract, rather than individual contracts for individual rooms - if not, then please shout!
The issues you describe are between the housemates, and nothing to do with the contract with the LL. [Even if there were breaches by the other housemates, the 3 housemates form 'The Tenant' as one unit, and so would be jointly liable for any damages.] You arguably also have a verbal contract with the housemates to each pay 1/3 rent (or whatever). Was anything explicitly discussed about having friends over? You could use that to convince them to move the boyfriend out or change your share of the rent.. enforcing it legally would be very drawn out though. The covid guidelines would be an issue for police (though they may not have resources to deal) but not something that affects a contract. 

Overall, I don't see any rights to get out and remove rent liability etc. You're left with negotiating, either with housemates and/or landlord
a) to reduce your share of rent due to extra occupant (if housemates / boyfriend agree to increase theirs)
b) to vary the contract and replace yourself with boyfriend -> you would need to get the boyfriend to transfer your share of the deposit and all parties sign a deed so the boyfriend steps into your shoes, liable for all rent, damages, etc. 
c) to vary the contract and replace yourself with a new tenant you find -> as (b)
d) for the housemates to take in a lodger who covers your share of the rent and occupies your room. You're still jointly liable to the LL but you could sign a contract with the housemates that they would cover that. 

startoveragain

Thank you, yes it is a joint and several contract. My daughter was told after moving in that the boyfriend would be living there through the lockdown "to avoid the mixing of several households" however they still regularly went to visit the in laws. The boyfriend paid a quarter of bills but no rent. The girlfriend has agreed to remove the boyfriend from the property for my daughter to move back, but she has lost her job and cannot pay the rent, nor after such animosity would not find the situation very comfortable. I doubt very much they would agree to reducing the rent for the month she was there or since she left until the contract expires in September.
The boyfriend apparently pays for a room in another property elsewhere so is unlikely to want to take over my daughter's part of the agreement.
Currently, and probably until September, there is no demand for rooms in the town as there is a huge suuply due to the current sutuation and no demand.
 In the contract is does state:
Not to assign, sublet, part with, or share the possession of all or part of the Property with any other person without the Landlord’s or the Agent’s prior written consent, which will not be unreasonably withheld.
Not to take in lodgers or paying guests or allow any person other than the person named as the Tenant in this Agreement and any permitted family, children or personal staff to occupy or reside in the Property unless the Landlord or the Agent has given written consent, which will not be unreasonably withheld.
No additional occupiers including children can reside in the Property unless the Tenant and any occupiers form a single family group. The Tenant cannot have any occupiers even if they form a single family group with the Tenant within the Property unless the Tenant has gained the Landlord’s prior written consent. If there are occupiers not in a single family group residing in the Property without the Landlord’s consent then the Landlord will seek a Court Order for possession of the Property as the Landlord may be in breach of his statutory obligations.
However, instead of sharing the house with 2 females, my daughter was sharing 24/7 with 2 females and a male. Would he therefore be classed as an "Occupier" making the tenancy Agreement invalid?
Where would she stand if the other 2 tenants took her to court? By the way, the boyfriend is a lawyer. 

Comms69

startoveragain said:

Thank you, yes it is a joint and several contract. My daughter was told after moving in that the boyfriend would be living there through the lockdown "to avoid the mixing of several households" however they still regularly went to visit the in laws. The boyfriend paid a quarter of bills but no rent. The girlfriend has agreed to remove the boyfriend from the property for my daughter to move back, but she has lost her job and cannot pay the rent, nor after such animosity would not find the situation very comfortable. I doubt very much they would agree to reducing the rent for the month she was there or since she left until the contract expires in September.
The boyfriend apparently pays for a room in another property elsewhere so is unlikely to want to take over my daughter's part of the agreement.
Currently, and probably until September, there is no demand for rooms in the town as there is a huge suuply due to the current sutuation and no demand.
 In the contract is does state:
Not to assign, sublet, part with, or share the possession of all or part of the Property with any other person without the Landlord’s or the Agent’s prior written consent, which will not be unreasonably withheld.
Not to take in lodgers or paying guests or allow any person other than the person named as the Tenant in this Agreement and any permitted family, children or personal staff to occupy or reside in the Property unless the Landlord or the Agent has given written consent, which will not be unreasonably withheld.
No additional occupiers including children can reside in the Property unless the Tenant and any occupiers form a single family group. The Tenant cannot have any occupiers even if they form a single family group with the Tenant within the Property unless the Tenant has gained the Landlord’s prior written consent. If there are occupiers not in a single family group residing in the Property without the Landlord’s consent then the Landlord will seek a Court Order for possession of the Property as the Landlord may be in breach of his statutory obligations.
However, instead of sharing the house with 2 females, my daughter was sharing 24/7 with 2 females and a male. Would he therefore be classed as an "Occupier" making the tenancy Agreement invalid?
Where would she stand if the other 2 tenants took her to court? By the way, the boyfriend is a lawyer. 

No. Seriously you're clutching at straws. 

She would lose, and get a CCJ

Crashy_Time

Agreement seems broken to me, tell the landlord that your daughter is taking a "rent holiday" and let them take it from there, she will probably lose any deposit? Can see this scenario happening more and more, many landlords must be panicking by now.

Comms69

Crashy_Time said:

Agreement seems broken to me, tell the landlord that your daughter is taking a "rent holiday" and let them take it from there, she will probably lose any deposit? Can see this scenario happening more and more, many landlords must be panicking by now.

Ignore this advice. It's guaranteed to lead to a CCJ. 

[Deleted User]

startoveragain said:

Thank you, yes it is a joint and several contract. My daughter was told after moving in that the boyfriend would be living there through the lockdown "to avoid the mixing of several households" however they still regularly went to visit the in laws. The boyfriend paid a quarter of bills but no rent. The girlfriend has agreed to remove the boyfriend from the property for my daughter to move back, but she has lost her job and cannot pay the rent, nor after such animosity would not find the situation very comfortable. I doubt very much they would agree to reducing the rent for the month she was there or since she left until the contract expires in September.
The boyfriend apparently pays for a room in another property elsewhere so is unlikely to want to take over my daughter's part of the agreement.
Currently, and probably until September, there is no demand for rooms in the town as there is a huge suuply due to the current sutuation and no demand.
 In the contract is does state:
Not to assign, sublet, part with, or share the possession of all or part of the Property with any other person without the Landlord’s or the Agent’s prior written consent, which will not be unreasonably withheld.
Not to take in lodgers or paying guests or allow any person other than the person named as the Tenant in this Agreement and any permitted family, children or personal staff to occupy or reside in the Property unless the Landlord or the Agent has given written consent, which will not be unreasonably withheld.
No additional occupiers including children can reside in the Property unless the Tenant and any occupiers form a single family group. The Tenant cannot have any occupiers even if they form a single family group with the Tenant within the Property unless the Tenant has gained the Landlord’s prior written consent. If there are occupiers not in a single family group residing in the Property without the Landlord’s consent then the Landlord will seek a Court Order for possession of the Property as the Landlord may be in breach of his statutory obligations.
However, instead of sharing the house with 2 females, my daughter was sharing 24/7 with 2 females and a male. Would he therefore be classed as an "Occupier" making the tenancy Agreement invalid?
Where would she stand if the other 2 tenants took her to court? By the way, the boyfriend is a lawyer. 

The tenancy agreement is between the tenants (party 1) and the landlord (party 2). It is not agreement that party 1 can enforce against itself, ie one tenant against the other. Matters between tenants such as who has each room, the apportionment of rents, are either for the written, verbal or tacit agreement of the tenants. It would be entirely for the landlord to decide if they wanted to pursue court action against any or all the tenants. Understand the meaning of Joint and several liability. The idea that you are asking if the tenancy agreement could be invalidated is so strange because it's your daughter who is jointly and severally liable for the breach. I'd also point out that tenancy agreement are not invalidated simply because you find one term, usually something minor to be amiss. Broken heating systems and leaking roof doesn't invalidate.