Leave Joint Tenancy Early

[flatulentbob]

I recently moved into a joint tenancy agreement into a rented two bedroom property with a good friend of mine. He's a bit strange in public, but appeared to keep a good home from where he was living before, a good laugh and always got your back.

 

I should have taken it as warning bells all the problems he was getting into with everybody else, but the picture painted was that everybody else was being unreasonable, which actually seemed fair enough, people were taking his things without consent, returning them late, he seemed to be the provider for the accomodation he was living in and people were taking the mick.

 

Anyhow, we started having a look around and he became more anxious to leave his current property than I was to exit mine, so the pressure was applied to get me to agree. I didn't know if I was making the right choice having lived at home all my life, people said it will be better when you move out, more independence blah blah blah.

 

I was feeling really sad and guilty, I guess my gut was saying no, and yet my head was saying I have to give it a try. Coupled with the pressure and the convincing from my friend that what I was feeling was normal and I should take the plunge.

 

So within a week of seeing a property, we're down the estate agent filling out reference forms and getting checks completed.

 

A week later we're signing an agreement - which I admit did feel good. At the time.

 

Now, less than a month into the tenancy, I have really cold feet. I miss home. But my flatemate, is well, strange.

 

He arranged for installation of a popular broadband and television supplier who came to drill holes through the walls without consent of the landlord. In fact he arranged this before we even signed the contract so I still felt like I couldn't back out, I gave my friend a commitment.

 

We went with a twelve month agreement even though I wanted a six month agreement so that I knew I could back out earlier. But we agreed verbally that if I wasn't happy, I could back out after six, so we went with a twelve month contract on the basis that he would cover the remaining rent from the six month period on.

 

He's stuck things on the wall with sellotape and pins in contravention of the agreement and thrown darts at the wall.

 

Im just starting to learn what a joint tenancy is - Im jointly responsible for his mistakes - not just half, but everything if he cannot be contacted! I thought at least a joint tenancy might allow me to take my name off the agreement, but apparently even that would require the agreement to be terminated and a new one drawn up which might not happen.

 

My friend now isn't talking to me after I asked him to switch things off that he wasn't using so we could save some money.

 

So what are my options?

 

I figure Im going to move out within three months in any event because I can't take his unstable behaviour and "partying" to 6am in the morning over the weekend, his actions around the house, and the way he takes my stuff without asking. Im also unhappy here. Steep and expensive learning curve. Im prepared for the worst. Obviously I'll need to talk to him to smooth things over but...

 

He either honours our six month agreement and I ensure he's paid for the six months.

He doesn't honour the agreement and I have to pay him the six months, then the following six.

 

In the meantime, I need to protect myself from his activities. Im worried he may stick two fingers up at the landlord, and I'll be responsible for the entirety of the rental fee, not just my half. Worse case scenario I pay all the rent for me and him and pay to fix the holes in the wall. Could a signed agreement between two friends stating he is now responsible for everything blah blah have any effect? I realise the landlord could come after me for failure to pay, but then I could sue him? Im just thinking worst case scenario.

 

The other problem is that I have some major surgery in December which has only just come to light since moving in. So I could out of work for several months and cannot afford to rent this place.

 

Can I get my name off the tenancy?

Can I get him to legally assume responsibility?

How do I protect myself from his mistakes if he further abuses the property?

 

We have not yet received a full signed copy of the contract from the estate agent, though we signed it there. We noted also that the landlord had not signed his copy yet either. If for some reason the landlord has not signed his copy yet, would the contract still be valid, or could I rip it up there and then and move everything out?

 

Bob

[mariner51]

A verbal and binding T Agreement exists, esp since you have taken possession & paid rent. Written AST shouild only confirm what was verbally agreed.

I assume the Agreement is for 12 months, no break clause and for joint Ts, 'jointly & severally liable', so despite your 'understanding' with flatmate, if you justleave half-way through, you remain pot liable for whole rent, property etc.

Your flatmate is similarly legally responsible.

 

Why is it when relationships break down, the LL takes the hit?

If you buy a packet of biscuits, you can't just eat one & say I don't like them then expect to get ypur money back for remainder, you have contracted for a packet of biscuits!

 

Your only legal way out of T, would be a LL s8 Court repo order, prob for unpaid rent, which will prob be accompanied by a CCJ and Court costs, or

acceptable offer of T surrender between LL & BOTH Ts, on LL terms..

 

Some people take more care when choosing a stray pet, than you appear to have exercised with your 'friend'!

[flatulentbob]

Im not looking at depriving anybody.

 

The LandLord wants one amount put in his account every month, so my friend pays the LandLord the full amount and I give my friend half the amount.

 

What Im looking to do is to protect myself from my friend more than anything.

 

I'd like to ensure that my friend keeps to his agreement that I can leave after six months. I would give him the appropriate amount each month up til six months then my friend takes over the full amount as agreed for the remainder of the tenancy (unless by some miracle I actually end up staying).

 

If not, I have no choice but to pay half towards the rent.

 

What I want to ensure though, is that I don't end up paying more than half the rent or for any damages due to my friends shenanigans, which I would like to hope for, is if agreeable between all parties that my friend remains and I leave, that I can get my name taken off the tenancy so I have no legal responsibility and my friend takes over and sole occupant and remains paying full rent.

 

I have little problem in paying the full half of my rent if necessary for the remainder of the 12 months though.

[raydetinu]

legally you would be liable for your rent for the whole 12 months! unless you have something in writting from your flatmate.

As for removing your name or changing the agreement, this can only be done by the mutual agreement of all the parties.

[flatulentbob]

Would the old contract need to be torn up and re-created for my name to be removed (assuming I had full agreement?). Hopefully all parties would be reasonable if I explain the impending surgery and explain the conflict of lifestyles and not go into how much I hate it, how Im really quite depressed and my flatmate is a bit of a plonker. It could give my flatmate time to find an interested third party to take over which could be beneficial for all parties concerned.

 

I presume if my mate decides to stop paying his half of the rent at any time in the future, or he gets us evicted, I would be jointly liable for the full amount (unless my name is removed from the tenancy agreement or I have a written letter from my friend).

 

Why didn't I read anything about Joint Tenancies before I signed? Why did I let my mate talk me into it? It seemed like such a great idea at the time.

[mariner51]

You are in a 12 month fixed term joint T, signed by both Ts and equally liable for all rent AND ALL T damage for duration.

Flatmate is not your LL, even though you pay him your share of the rent. Most LLs require single combined rent payments to avoid confusion. So a signed Agreement from flatmate, allowing you to leave after 6 months has no basis.

The LL cannot simply tear up the Contract.

You could explain situation to LL and ask if you could advertise/find acceptable new T to take your place, subject to satis LL credit checks etc. He would then alter the Contract by Deed of Assignment, and you liability would end when accepted new T signed & moved in.

 

"Why didn't I read anything about Joint Tenancies before I signed? Why did I let my mate talk me into it? "

A question ALL Ts should ask before signing any AST IMO.

Edited August 13, 2012 by mariner51

[flatulentbob]

Hello Mariner,

 

The question is one of protection not legal responsibility.

 

I know I am jointly liable for all rent and damages until the end of the contract and I know that that liability is with the landlord who the contract is with.

 

But although I am liable to pay the entire rent to the landlord should my friend stop paying, supposing I had a written agreement with my friend detailing the six month agreement, if he failed to keep up his end of the bargin, could I in theory then recover those costs from my friend through the small claims court?

 

Or if there is an agreement between all parties that my friend could continue to pay ALL and FULL rent for the remainder of the duration then could I get the contract altered to remove myself from said contract without finding an additional tenant?

 

Or a third scenario, if I really was desperate, could I go to the Landlord, offer half of the rent money as a lump sum for the remainder of the duration and ask him to remove me from the contract and therefore all remaining liability?

 

By the sounds of it, it would be best for my flatmate to find someone he can get on with who can take over my tenancy.

 

Don't get me wrong - I've made my bed, I have to lie in it. The issue is trying to find the best way out of it with as little damage as possible to all and ensuring everyone is happy. It has been a steep learning curve, something I won't jump in to. A huge waste of money and I feel quite stupid I didn't listen to my gut instinct and say no. But I am very naive and trusting of my friends. I let everyone else talk me into it.

 

At this stage, I suspect my friend has used me to gain tenancy of somewhere better than he was. No we've moved in together, he's being an idiot, but of course, Im now jointly liable. So he can make my life a misery and I got to pay half his rent!

[raydetinu]

All the above is possible by agreement and confirmed in writing.

You need to discuss options with the other tenant first then go to the LL.