Stuck paying £875pm until April?!

bcc888

I moved into a flat with a guy I didnt know and signed a joint tenancy agreement until April 2022. No break clause

Flatmate moved girlfriend into property without asking, no offer of contribution to rent/bills. My enjoyment of the property was made uncomfortable, having to share bathroom and small kitchen and having to sit with the couple in the living room and not have any enjoyment of the flat on my own (I became a recluse in my bedroom) 

I would have never signed the tenancy agreement had I know I would be sharing with a couple.

I left the property in July, I didnt want to live somewhere I wasn't happy and thought the room could be relet (they would find someone to take my place on the lease).  

Flatmate says he has had viewings on Spareroom but I am dependent on him confirming someone and signing a new lease. I am aware he and his gfd could be quite comfortable in 'their place' with me paying half the rent until April. 

Lettings company told me its likely the LL won't care as long as rent is being paid.  I havent informed the landlord myself I have left the property but the lettings agent is aware

It seems there isn't much I can do as Im legally bound by the contract.

Although she is living there she could be called a 'guest'.  

Solicitor advises the only thing I could do is try to reclaim lost money holding a case against my flatmate. 

I have needed to leave London and living back at home unable to make any decisions about my future as I can't support myself paying out £875 for a room I dont live in. It's affected my mental health as a result.

Any advice would be greatly appreciated

Thank you

canaldumidi

If you stop paying your half of the rent, then yes, the landlord/agent could come after you for the rent. But equally they could go after the remaining joint tenant. Indeed if the agent knows the position and understands you have left, they might advise the LL to go after the remaining tenant (who after all has a lodger /resident guest) rather than you. 'Joint tenancy' means you are each liable for the full rent.

Or, perhaps more likely, if it came to court action for the arrears, he might name both joint tenants in the action.

The other action he (the LL) might take is to serve a S8 Notice to start the process of eviction for arrears (which would doubtless suit you!), in which case, your joint tenant might start paying the arrears (your 'share' of the rent) rather than face eviction.

If the agent/LL are sympathtic, they could bring pressure onto the joint tenant regarding an unauthorised adult being resident in the property. JT might argue she's a 'guest' ie visitor not resident, and even if resident, it's not easy for a LL to evict on that basis.

Another option might be to find someone to sub-let your room to......

MaryNB

Have you kept a set of keys? I would advise moving back in temporarily so you can conduct viewings and find the replacement tenant (assuming the landlord has agreed to a change of sharer).

Unfortunately it would have been much better if you had tried to find a new tenant instead of leaving it to your former flatmate. There's no incentive for him to do so because you are still legally liable for the rent until someone else moves in so he's not at any loss if no other tenant is found. 

You can't unilaterally end the tenancy until May 2022 - you have to wait until the fixed term is over and it becomes rolling in April to serve notice to end the tenancy without agreement from the joint tenant. 

canaldumidi

MaryNB said:

Have you kept a set of keys? I would advise moving back in temporarily so you can conduct viewings and find the replacement tenant (assuming the landlord has agreed to a change of sharer).

Unfortunately it would have been much better if you had tried to find a new tenant instead of leaving it to your former flatmate. ...

That's an option, but unfortunately it still requires the cooperation and agreement of the joint tenant, as well as te LL/agent, for OP's tenancy tobe assigned to a new tenant. If JT is happier living just with gf, and with OP paying half the rent, he could reject all proposed replacements.

But yes, worth a try. How are relations between you and the JT?

TripleH

Sorry for your situation, unfortunately at the moment you are stuck paying the rent for the rest of the contract and the person you rented with now has no incentive to rent out your spare room because he has a flat for him and his partner at half price.

You are going to need to take action yourself on this am afraid as none else has any reason to do anything about it.

You can move back in, and they can't stop you from going in the lounge as it is your place as much as his.

The better option would be to give him a deadline to find someone to rent your room (and hold him to it) otherwise you will find someone to take your place and make it clear you won't be picky / selective.

Renting with strangers is not for those who aren't prepared to assert themselves if they have to.

NameUnavailable

You could move back in and then invite a homeless person in as your 'guest' then say you'll be staying away a bit again - at least let someone benefit from the room.

canaldumidi

TripleH said:

....

...... otherwise you will find someone to take your place and make it clear you won't be picky / selective.

...

though of course any formal assignment from OP to their replacement needs the joint tenant's agreement. That does not apply to guest, though I believe it would also apply to a sub-let.

NameUnavailable said:

You could move back in and then invite a homeless person in as your 'guest' then say you'll be staying away a bit again - at least let someone benefit from the room.

and the more unpleasant your guest is, perhaps the better.....

bcc888

canaldumidi said:

MaryNB said:

Have you kept a set of keys? I would advise moving back in temporarily so you can conduct viewings and find the replacement tenant (assuming the landlord has agreed to a change of sharer).

Unfortunately it would have been much better if you had tried to find a new tenant instead of leaving it to your former flatmate. ...

That's an option, but unfortunately it still requires the cooperation and agreement of the joint tenant, as well as te LL/agent, for OP's tenancy tobe assigned to a new tenant. If JT is happier living just with gf, and with OP paying half the rent, he could reject all proposed replacements.

But yes, worth a try. How are relations between you and the JT?

Relations are pretty anonymous between us as I said I wasn't keen to sublet (I wanted to ensure I was out of the contract and doing everything as per the contracts stipulations). 

Everything is by email 'may I quietly remind you that your rent is due' 
He wrote he had 'sought legal advice, as should you'  

canaldumidi

Not sure what 'anonymous' means in a relationship - remote? impersonal? unhelpful? antagonistic?

However, your options seem to be

1) continue paying your share till JT finds a replacement ie never

2) find replacement yourself (may require returning to the property) and hope JT is cooperative enough to agree to who you find

In both cases, you'd need your tenancy 'Assigned' to the replacement, with signitures of LL, yourself, your JT, and new tenant

3) stop paying rent and see what happens....

4) speak to LL/agent, get them on your side, and ask them to chase JT, not you, for arrears if you stop paying (they can legally do this as your JT is liable for the full rent just as you are).

5) sublet (I believe you may need JT's agreement, so same problem as 2) above)

6)move in guest/homeless guy and make life difficult toforce the issue

7) request to end the tenancy (Early Surrender) completely. Your JT could then take out a new on in his (+girlfriend's?) name. Unfortunately this too needs consent of LL and JT.

plumb1_2

Unless he agreed to pay 2/3rd of the rent for himself and girlfriend I won’t pay a penny. But save the rent money in a bank account etc in case any legal action further down the line.
And don’t give him your address, just use email for contact 
Only my  opinion and what I would do

bcc888

Thanks for all your replies, 

I've seen the SpareRoom advert he has, has been taken down over the last couple of days,
I have been asking people to contact him through this so he can agree viewings.

(I'm wondering if this is in timing with my rent being due) 

I agree, paying 1/3 of the rent would be good but I feel I have to keep him on-side to help sign a new flatmate- this is something out of my power as it needs to be a new agreement between him, them and LL.