Please help after friend breaks the tenancy agreement

by Readers Question

14:16 PM, 15th September 2015
About 3 years ago

Please help after friend breaks the tenancy agreement

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Please help after friend breaks the tenancy agreement

My partner and I moved into a property with a friend on June 1st. Over the past few months she has allowed her boyfriend to move into the property. Initially it was not to bad, but his/their behavior (constantly yelling at one another in the house) and treatment of the property became intolerable and we asked him to move out. During that time she had taken money from him for his ‘share’ of the rent and also created an additional set of keys for him (which I now have in my possession so he can not be given them back under any circumstances). Therefore she has broken 2 of the facts stated in our tenancy agreement.friend

Now she is telling us that she will no longer be paying her share of the rent, sticking us with an additional £160 per month alongside all the bills. The house atmosphere has become very petty, on their behalf and difficult to continue. She has provided her notice to leave the property on December 1 during our break clause in the contract which in turn will terminate the joint tenancy agreement and evict all of us. For personal reasons (immigration visa application), my partner and I cannot wait until Dec 1 to move to another property ( we plan on moving in with his parents) and therefore would like to move asap, though we will continue to pay our share of the rent. (When we signed the initial documents the letting agency had us complete a form saying what amount we were paying for the rent and banking information. Can I request a copy of this to prove the amount she has stated she would pay?)

We would like to know:
1. How much notice is required, to give the Landlord and tenant agency, for moving out of the property but will be continuing to pay the monthly rent? Who must we inform of moving?
2. Do we have to pay the cleaning fee if we are moving out of the property 2 months earlier than our roommate who will be continuing to live at the property until Dec 1?
4. What can happen if your roommate has broken 2 aspects of the tenancy agreement? Can the agreement be terminated or allow us to leave the agreement as it has been breached?
* Allowed someone else to live at the property, took money from that person for share of rent, and created an additional set of keys. Is there any way to terminate the contract?
4. If we signed a document, alongside providing our banking information that states the amount each of us intended to pay at the property. Can one tenant change their amount?
* Also the tenancy agent never provided us with a copy of this information and encouraged the other tenant to change amount from 497 to 332 each month.
5. If I move out early can I take my name off the bills, even if my roommate is still living at the property?

Thank you for your help

Ash



Comments

Teg's Dad

14:38 PM, 16th September 2015
About 3 years ago

Ash, sounds like there are three of you on the tenancy, so it should be on a joint and several liability basis and that should be stated in the agreement.

If that is the case, there will be no such thing as "your share" since if she does not pay, the agents/landlords will be entitled to expect you to make up the full rent.

1: On the presumption above, then notice has already been given to end the tenancy, but has this been confirmed by the agents?
2: Yes, you all equally liable
3: She broke the terms and it is up to the agents/landlords to enforce any breach.
4: Not sure what document that is since it should be a joint and several liability agreement and without knowing the agents' position and reasons, their motives cannot be second guessed.
5: That depends on the agreement. Possibly water (if metered), gas and electric may allow you to take your names off since you have contracts with them for the provision of services.

The above is my opinion only, others may have wiser opinions.

Romain Garcin

15:51 PM, 16th September 2015
About 3 years ago

The issue with break clauses is that notice must be given by all the joint-tenants. Therefore, her notice isn't valid.

If the landlord/agent accepts that you all move out on the 1st December then it will be a surrender by operation of law (as I doubt he will prepare a deed of surrender).

To be safe, you could serve a new notice on behalf of you all.

Roger Rabbit

17:25 PM, 16th September 2015
About 3 years ago

Personally I would allow a tenant or tenants to leave at any time (and I would return their deposits in full if the place was OK) I think that's better and lowered risk vs asking tenants who want to leave or are not getting along to try and complete the tenancies

Ask your friend to consider leaving at the same time as you and ask your landlord if they are Happy to accept that explaining that to continue could be difficult for all involved.

If they are a reasonable landlord they will probably accept that than to risk a costly and stressful eviction two months down the line

Dr Monty Drawbridge

17:45 PM, 16th September 2015
About 3 years ago

Reply to the comment left by "Romain Garcin" at "16/09/2015 - 15:51":

"The issue with break clauses is that notice must be given by all the joint-tenants. Therefore, her notice isn’t valid."

I was going to say that I thought you may be wrong about this and that any one of the named tenants could activate the clause - but it is not so and you are correct!


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