Getting out of a contract early due to relationship breakdown

drummergirl95

Hi forum,

I am hoping to get an idea of what my options could be in my current situation. I'm in an emotionally abusive relationship that I can't put up with any longer and need to get out. Getting out of the relationship is the easy part, the hard part is the living and contractual situation.

We currently rent a house together as joint tenants, with myself being the main tenant. My close friend is a guarantor for us on the house as well. There are several months left on the lease. My worry is that we can't break the contract as myself (or guarantor) will have to pay the remaining months of rent. I could continue to live here on my own, if my partner agreed to move out, but it would put a huge financial strain on me. Obviously, we couldn't work it the other way around as the guarantor on the house is linked to me and I wouldn't want or trust my partner living there to pay the bills. 

Please can you let me know if I have any other options in this situation? I'm really worried and stressed.

_Penny_Dreadful

drummergirl95 said:

Hi forum,

I am hoping to get an idea of what my options could be in my current situation. I'm in an emotionally abusive relationship that I can't put up with any longer and need to get out. Getting out of the relationship is the easy part, the hard part is the living and contractual situation.

We currently rent a house together as joint tenants, with myself being the main tenant. My close friend is a guarantor for us on the house as well. There are several months left on the lease. My worry is that we can't break the contract as myself (or guarantor) will have to pay the remaining months of rent. I could continue to live here on my own, if my partner agreed to move out, but it would put a huge financial strain on me. Obviously, we couldn't work it the other way around as the guarantor on the house is linked to me and I wouldn't want or trust my partner living there to pay the bills. 

Please can you let me know if I have any other options in this situation? I'm really worried and stressed.

You don't say where in the UK you are so I'm going to assume England and base my post on English housing law.

You say you are the main tenant but with joint tenancies there is no main tenant.  You each jointly and severally liable for all the obligations owed under the tenancy, one of you does not have more rights or responsibilities than the other.

Your landlord cannot agree to a mutual surrender of the tenancy with just one joint tenant.  That would effectively be an illegal eviction for the other joint tenant.  It only takes one joint tenant to service valid notice once an AST becomes periodic though so being able to remain in the property until the end of the fixed term seems like the least bad option.

With regards to your partner moving out you don't have an automatic right to exclude him from the property if he does not wish to move out of his own free will.  You could potentially look into a non-molestation order or occupation order to legally exclude him from the property until such time as you can serve valid notice to end the joint tenancy.

chrisw

You could always try speaking to the landlord or their agent. They may agree to you both surrendering the tenancy early once they have managed to relet, which may not take too long as things stand.

saajan_12

You don't have a right to anything other than the contract, so it's about negotiation. Options you could try to negotiate are

1) partner moves out and you cover the rent alone. Partner's name remains so you both have to trust they won't re-enter and you won't miss rent. 

2) partner moves out and is removed from the tenancy, and you cover the rent alone. Requires LL agreement who will probably want to check you can afford the rent alone and a small fee for varying the contract. 

3) early terminate the tenancy and both move out. Requires everyone to agree. The LL will probably want rent until a replacement tenant is found and some fee for the extra legwork. 

Is there a second bedroom? Perhaps you could get a lodger to help with the rent in option 1 or 2. 

theartfullodger

Negotiate with landlord/agent.  Good luck. Sorry for the problems .

pinkshoes

It will depend on whether you have an understanding landlord.

Speak to the landlord and explain the situation, offer to pay for re-advertisement and any associated tenancy fees.

If he refuses then there's nothing you can do other than complete the tenancy and give notice to move out at the end. If you have a 2 bedroom property could you get yourself a lodger?

propertyrental

pinkshoes said:

......

If he refuses then there's nothing you can do other than complete the tenancy and give notice to move out at the end. If you have a 2 bedroom property could you get yourself a lodger?

But note that

a) when the fixed term ends, no notice is needed provided both joint tenants move out

b) If one or both joint tenants remain, the tenancy continues on a periodic (rolling) basis

c) once it is periodic (but not till then) then one tenant can serve notice to end the tenancy however...

d) if, following valid notice eg as per c) above), both tenants don't move out (one or both 'hold over') then double rent can be charged