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Moved into flat share and need to leave. How can I break the contract?

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  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
  • Joedavis
    Joedavis Posts: 26 Forumite
    10 Posts First Anniversary
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
    Thanks. I don't fully understand the contract being honest. It began as a 2 year contract signed by 2 tenants who paid a share of the 2000pcm each (each person pays their share individually into the estate agents account). I have taken on the departing tenant's commitment and this runs until September (the end of the contract). 

    I'm going to be honest with the agent and say that it's just not a good fit and it'll make more sense for all parties if we replace me with someone more compatible with the house environment. I know it will incur a cost for me, but hopefully it won't be outrageous. 
  • theartfullodger
    theartfullodger Posts: 15,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could be worse: Could be married (or civil partnership) to someone similar...or worse....

    Artful: On his 3rd successful marriage....
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    Joedavis said:
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
    Thanks. I don't fully understand the contract being honest. It began as a 2 year contract signed by 2 tenants who paid a share of the 2000pcm each (each person pays their share individually into the estate agents account). I have taken on the departing tenant's commitment and this runs until September (the end of the contract). 

    I'm going to be honest with the agent and say that it's just not a good fit and it'll make more sense for all parties if we replace me with someone more compatible with the house environment. I know it will incur a cost for me, but hopefully it won't be outrageous. 

    Your original post described your two flatmates - so there are 3 of you in the flat.
    Yet now you say "It began as a 2 year contract signed by 2 tenants" and " I have taken on the departing tenant's commitmen" implying one has left and there are now just the two of you. So
    * how many occupants are there?
    * Who are they eg A & B signed the original contract and you are C? Are A & B still there or has one left?
    * what have you signed? A contract naming you and A as 'The Tenant'? A contract naming you and A & B (or someone else) as 'The Tenant'?
    * Who is named on the contract you signed as 'The Landlord'?
    * Or have you never signed a contract? In which case who do you pay your rent to? A? B? the letting agent?


  • Joedavis
    Joedavis Posts: 26 Forumite
    10 Posts First Anniversary
    Could be worse: Could be married (or civil partnership) to someone similar...or worse....

    Artful: On his 3rd successful marriage....
    Yeah I'll never marry. That's punishment for shoplifting in some countries. 
  • Joedavis
    Joedavis Posts: 26 Forumite
    10 Posts First Anniversary
    Joedavis said:
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
    Thanks. I don't fully understand the contract being honest. It began as a 2 year contract signed by 2 tenants who paid a share of the 2000pcm each (each person pays their share individually into the estate agents account). I have taken on the departing tenant's commitment and this runs until September (the end of the contract). 

    I'm going to be honest with the agent and say that it's just not a good fit and it'll make more sense for all parties if we replace me with someone more compatible with the house environment. I know it will incur a cost for me, but hopefully it won't be outrageous. 

    Your original post described your two flatmates - so there are 3 of you in the flat.
    Yet now you say "It began as a 2 year contract signed by 2 tenants" and " I have taken on the departing tenant's commitmen" implying one has left and there are now just the two of you. So
    * how many occupants are there?
    * Who are they eg A & B signed the original contract and you are C? Are A & B still there or has one left?
    * what have you signed? A contract naming you and A as 'The Tenant'? A contract naming you and A & B (or someone else) as 'The Tenant'?
    * Who is named on the contract you signed as 'The Landlord'?
    * Or have you never signed a contract? In which case who do you pay your rent to? A? B? the letting agent?


    Thanks. I've found the part of the contract that says I am able to leave the tenancy agreement if the landlord agrees to it. It says I will be responsible for covering any costs. So hopefully the landlord is understanding about this and then it will be up to me to cover any costs the estate agent pretend are incurred. 

    I think it's not really in the interests of the landlord/agent to have incompatible tenants so hopefully they won't make it a difficult process. 
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    Joedavis said:
    Joedavis said:
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
    Thanks. I don't fully understand the contract being honest. It began as a 2 year contract signed by 2 tenants who paid a share of the 2000pcm each (each person pays their share individually into the estate agents account). I have taken on the departing tenant's commitment and this runs until September (the end of the contract). 

    I'm going to be honest with the agent and say that it's just not a good fit and it'll make more sense for all parties if we replace me with someone more compatible with the house environment. I know it will incur a cost for me, but hopefully it won't be outrageous. 

    Your original post described your two flatmates - so there are 3 of you in the flat.
    Yet now you say "It began as a 2 year contract signed by 2 tenants" and " I have taken on the departing tenant's commitmen" implying one has left and there are now just the two of you. So
    * how many occupants are there?
    * Who are they eg A & B signed the original contract and you are C? Are A & B still there or has one left?
    * what have you signed? A contract naming you and A as 'The Tenant'? A contract naming you and A & B (or someone else) as 'The Tenant'?
    * Who is named on the contract you signed as 'The Landlord'?
    * Or have you never signed a contract? In which case who do you pay your rent to? A? B? the letting agent?


    Thanks. I've found the part of the contract that says I am able to leave the tenancy agreement if the landlord agrees to it. It says I will be responsible for covering any costs. So hopefully the landlord is understanding about this and then it will be up to me to cover any costs the estate agent pretend are incurred. 

    I think it's not really in the interests of the landlord/agent to have incompatible tenants so hopefully they won't make it a difficult process. 

    Not sure why " it's not really in the interests of the landlord/agent to have incompatible tenants " - the LL is unlikely to care provided the rent is being paid.
    As for being 'able to leave the tenancy', why would the LL agree and where would that leave the tenancy? Until you answer the Qs above about the tenancy type a lot of this is conjecture....
  • Joedavis
    Joedavis Posts: 26 Forumite
    10 Posts First Anniversary
    Joedavis said:
    Joedavis said:
    silvercar said:
    Joint contract or individual contracts? Either way, see what the landlords view is on you finding a replacement

    or are the other two occupants your landlord ie you are a lodger in a flat they rent from the owner and you pay rent to them (not the owner)?
    The legal tenancy (or licence) that you have, and with whome, will make a difference to what you can or cannot do and what we can advise.
    Thanks. I don't fully understand the contract being honest. It began as a 2 year contract signed by 2 tenants who paid a share of the 2000pcm each (each person pays their share individually into the estate agents account). I have taken on the departing tenant's commitment and this runs until September (the end of the contract). 

    I'm going to be honest with the agent and say that it's just not a good fit and it'll make more sense for all parties if we replace me with someone more compatible with the house environment. I know it will incur a cost for me, but hopefully it won't be outrageous. 

    Your original post described your two flatmates - so there are 3 of you in the flat.
    Yet now you say "It began as a 2 year contract signed by 2 tenants" and " I have taken on the departing tenant's commitmen" implying one has left and there are now just the two of you. So
    * how many occupants are there?
    * Who are they eg A & B signed the original contract and you are C? Are A & B still there or has one left?
    * what have you signed? A contract naming you and A as 'The Tenant'? A contract naming you and A & B (or someone else) as 'The Tenant'?
    * Who is named on the contract you signed as 'The Landlord'?
    * Or have you never signed a contract? In which case who do you pay your rent to? A? B? the letting agent?


    Thanks. I've found the part of the contract that says I am able to leave the tenancy agreement if the landlord agrees to it. It says I will be responsible for covering any costs. So hopefully the landlord is understanding about this and then it will be up to me to cover any costs the estate agent pretend are incurred. 

    I think it's not really in the interests of the landlord/agent to have incompatible tenants so hopefully they won't make it a difficult process. 

    Not sure why " it's not really in the interests of the landlord/agent to have incompatible tenants " - the LL is unlikely to care provided the rent is being paid.
    As for being 'able to leave the tenancy', why would the LL agree and where would that leave the tenancy? Until you answer the Qs above about the tenancy type a lot of this is conjecture....
    Thanks for your help. I've now spoken to the agency. 
  • MacPingu1986
    MacPingu1986 Posts: 238 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Joe - what typical happens in these circumstances is that to grant the consent to leave early you have to pay until the agency finds a tenant & their "standard" marketing costs of doing so.

    Depends on your rent and how difficult the situation is of course but I'd be tempted to grind out the 6 months until Sept and save yourself those extra costs.
  • Joedavis
    Joedavis Posts: 26 Forumite
    10 Posts First Anniversary
    Joe - what typical happens in these circumstances is that to grant the consent to leave early you have to pay until the agency finds a tenant & their "standard" marketing costs of doing so.

    Depends on your rent and how difficult the situation is of course but I'd be tempted to grind out the 6 months until Sept and save yourself those extra costs.
    Thanks. I certainly won't be staying another 6 months as I can't be under the same roof as this person. I've decided that if the agency/landlord try to make it difficult, I'll make it difficult by making a complaint about the other tenant. 

    If the room is advertised, they'll be a long queue of people that want it, because it's in a good part of London. I'll pay a reasonable administrative cost to changeover the tenancy. 
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