Moving out advice

Jim1600 · Joined: 12 Jul 2006 Posts: 1

I am planning on moving out of my place shortly where I share with 4 other people and our names are all on the lease. I like living there and we all get along well and would like to stay friends.

2 weeks ago I told em that I am moving out and we have since had some people come and look at the place, some dodgy but others that seemed really cool and that I would live with.

So the problem is a couple of the people are being extremely picky in choosing who moves in. I am getting out and dont want to pay more rent for time I am not there.

The picky people believe that I should continue to pay rent while I am not there until they choose someone that they can live with.

Others believe that I should not pay rent as I have found rather reasonable people to move in but they are being to picky so the remaining 4 should cover the rent if no one moves in.

What are your views?

Tom500 · Joined: 20 Jul 2006 Posts: 6 Location: London

The law is that providing the landlord has accepted exchanges between co-tenants, you can leave by giving the appropriate notice. This should all have been discussed/pointed out to everyone at the outset and so if the other co-tenants are being funny now you want to leave, they have no right to be.

The rent, which stays the same as long as one of the original tenants on the tenancy agreement is still living at the property, is joint and several between the remaining tenants after you leave and so if the remaining tenants don't find someone by the time you leave, they will have to divide the rent amongst themeslves, which means they will all have to pay more than they used to. If the remaining tenants pay less than the rent shown on the agreement, the landlord can pursue EACH OF THEM [b]AND[/b] ALL OF THEM for the outstanding amount.

This is one of the problems of sharer households with people who are not related by birth or marriage.

If they really were your friends, they wouldn't behave in the way you are suggesting.

You know who your friends are when the shit hits the fan! Mad

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

My view is that you shouldn't assume that you are no longer responsible for the rent, even if the landlord has accepted your notice. Seek advice with Shelter and CAB about your responsibilities and show them the tenancy agreement and any relevant documents.

If you do have a joint tenancy, yes the tenants are jointly responsible for any shortfall in the rent and yes, the landlord can agree to have 1 tenant leave and take over their tenancy without all the other tenants leaving but it doesn't necessarily mean that you are absolved of any responsibilities.

http://england.shelter.org.uk/advice/advice-3130.cfm
http://england.shelter.org.uk/advice/advice-3145.cfm#wipLive-14092-6

"You are all equally responsible for paying the rent and keeping to the terms of your agreement...If a one joint tenant ends the tenancy , everyone will have to leave unless those that want to stay can negotiate a new tenancy with the landlord. This is a complicated area and you should get advice....

Can I get someone else to move in?

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord should give the new person their own tenancy or licence agreement - otherwise, you will still be legally responsible for the tenancy."

ANGEL · Joined: 13 Mar 2006 Posts: 2099 Location: London

Tom500 · Joined: 20 Jul 2006 Posts: 6 Location: London

I'm afraid ANGEL is wrong - unless the landlord hasn't agreed for you to leave. If he has agreed for you to leave, you are safe and its the responsibility of the remaining tenats to find a replacement, not you.

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

It wouldn't hurt the tenant to get legal advice about it with a review of the specific terms of the tenancy agreement as this seems to be a complex area, even if the landlord consents to it.

One person giving notice on a joint tenancy means they give notice for all, even if the others don't wish to leave though most landlords cooperate with a request by the remaining tenants to continue it.

Although this tenant is impatient to leave, perhaps the law protects the remaining tenants from his failure to fulfill his obligation on his part of the tenancy.

To him, they may seem fussy over selecting the new tenant. To them, they may want to ensure they find someone who isn't likely to prematurely walk out of the tenancy agreement and leave them having to cover another shortfall in rent.

The landlord may well be very cooperative about accepting this tenant's notice to end his tenancy but is presumably not willing to take a 20% drop in rental income until the 5th tenant is found and neither are those left behind?

So it would be good to have a definate legal opinion on who has to pay the shortfall when a tenant quits a joint tenancy agreement with the consent of the landlord before a replacement tenant is found.