Escaping a joint common law tenancy agreement

[JonathanDoh]

Hi,

 

Due to a falling out with another tenant, I would like to escape from a joint common law fixed-term tenancy agreement. I hope someone doesn't mind providing some advice on this?

 

Tenancy Details

Monthly rent is 2166.67 split between four sharers on a london 4-bedroom house, started on 22nd August 2008 and has a duration of 1 year. Deposit of £3000, also split between four of us, covered under TDS legislation. There is no escape clause in the contract. Sub-letting is not permitted.

 

Questions

I would simply like to know what my options are for ending this tenancy.

 

I have tried england.shelter.org but they do not seem to recognise a tenancy type of 'common law tenancy'. scotland.shelter.org recognises this type and says I can walk out of a common law tenancy agreement by giving 4 weeks notice but naturally also says this only applies to scotland. So there is a question of whether this is really a 'common law tenancy'. It is over 25k limit but TDS claims to only cover ASTs?

 

I can attempt to negotiate with the landlord to allow another to take my place. If this is successful, does the responsibility lie with me or my fellow house sharers to find the new tenant? i.e. Should i plan to move out 4 weeks after agreeing this with the landlord, do I need to assure someone else takes over the rent. If I leave it with the other tenants, do I remain responsible for paying the rent should they fail?

 

An inventory was taken on the property.

 

Okay, hope I haven't missed any important details, any advice is greatly appreciated, thanks,

 

Jon

[Planner]

Hi,

 

Due to a falling out with another tenant, I would like to escape from a joint common law fixed-term tenancy agreement. I hope someone doesn't mind providing some advice on this?

 

Tenancy Details

Monthly rent is 2166.67 split between four sharers on a london 4-bedroom house, started on 22nd August 2008 and has a duration of 1 year. Deposit of £3000, also split between four of us, covered under TDS legislation. There is no escape clause in the contract. Sub-letting is not permitted.

 

Questions

I would simply like to know what my options are for ending this tenancy.

 

I have tried england.shelter.org but they do not seem to recognise a tenancy type of 'common law tenancy'. scotland.shelter.org recognises this type and says I can walk out of a common law tenancy agreement by giving 4 weeks notice but naturally also says this only applies to scotland. So there is a question of whether this is really a 'common law tenancy'. It is over 25k limit but TDS claims to only cover ASTs?

 

I can attempt to negotiate with the landlord to allow another to take my place. If this is successful, does the responsibility lie with me or my fellow house sharers to find the new tenant? i.e. Should i plan to move out 4 weeks after agreeing this with the landlord, do I need to assure someone else takes over the rent. If I leave it with the other tenants, do I remain responsible for paying the rent should they fail?

 

An inventory was taken on the property.

 

Okay, hope I haven't missed any important details, any advice is greatly appreciated, thanks,

 

Jon

 

I cant see how the deposit can be protected by TDS legislation as it isnt an AST.

 

As each common law tenancy is potentially different, its going to be hard to comment on your rights and responsibilities. If the agreement completley silent on leaving early?

[JonathanDoh]

There is this:

 

"This agreement creates a common law tenancy as the terms agreed between the parties fall outside of the provisions of the Housing Act 1988 as amended by the Housing Act 1996. The landlord will therefore be entitled to recovery of possession of the premises in accordance with common law rules governing this tenancy."

 

and also this:

"The deposit is held by the landlords agent as stakeholder. The Landlord's agent is a member of the Tenancy Deposit Scheme"

 

Otherwise silent on early departure :/ hence my headache.

Edited January 18, 2009 by JonathanDoh

[JonathanDoh]

Also I just went through the confirmation letter for the let and it explicitly says there are no escape clauses :s