Replacement tenant for joint contract difficulties!

[Londonlife]

Hello,

 

To cut a long story short - I recently signed a joint tenancy agreement with someone but after a month realised I had made a massive mistake and want to get out of it. The estate agent has been quite understanding and told me (only 'off the record' though) that if I find a replacement who is suitable and will pass the credit/reference checks, the other tenant cannot be obstructive.

 

To make it clear, I gave the other tenant a month to find a replacement herself, at her request, and she did nothing. It's not like she desperately wants me to stay, I'm sure she'd be as glad to see the back of me as much as I would her so it's hard to understand her actions. She's since agreed to let me find someone, but now I've drawn up a short list and am trying to arrange viewings for them so they can meet her and see the flat, she is just refusing to talk to me. And I am actually trying to find someone that I think she will get on with, not just offering it to the first person off the street who can pay.

 

So - am I right to think that, if I find a decent and willing person who passes the checks, my requirements will be fulfilled regardless of what the other tenant says? I assume then that she will either have to accept the new person, find her own alternative or take on the contract alone.

Anyone know the answer to this for sure? I don't want it to come to this but she is being incredibly stubborn. All seems like a bit of a minefield to me - note to self, never sign a joint tenancy agreement ever again, even if you think it's with a friend!!

 

Thanks for any help.

 

Sorry, realised I should add, for your info - the lease is an AST for twelve months with no break clause, it's just a standard lease as far as I know. If we were to both end the lease early there would be a penalty of 10% of the remaining rent for however many months were left, so understandably neither of us want to do this.

Edited October 30, 2009 by Londonlife
Adding info

[Steve__M]

I believe you cannot end the tenancy against another tenant's will

unless it is a periodic tenancy (after the fixed term). Whether she knows this is another matter.

 

You and the agent could agree to sublet if she refused to sign up. You'd want a statement that said you were absolved of your joint responsibility though, I'd have thought.

[Londonlife]

Thanks for the advice Steve (and to the board in general for other advice I've looked at). The situation has resolved, thankfully - not that I was able to force the issue but the other tenant agreed to co-operate. I wish I'd given more thought the implications of a joint agreement before I signed, I hope other people will take a bit more time than I did before getting caught up in something so binding.