Ending a 12 Month Tenancy Agreement Early

[nuclearshark]

Good Morning,

 

I wonder if you knowledgeable can help me out with this one.

 

I am currently house sharing with childhood friend of which I have recently fallen out with. We've been in the property since May 2012. We initially signed a 12 month lease on the property.

 

Since being in the property there are several things I am unhappy with. Probably the thing I am most unhappy about is my housemates inability to pay his share of the rent AND he seems completely uninterested in sorting out his Housing Benefit. He is unemployed also and has made no effort to look for work nor even do chores around the house. In fact he seems quite happy and thinks it's perfectly acceptable to sit in-front of his computer all day and play games:-x

 

Something my partner is also incredibly cross about. But that's another story. Also She would not be able to move into the house as she is at University in London studying an MSc

 

Anyhow. I also have several medical conditions (which probably due to the stress this and several other things) is being made much, much worse. I am due to have serious surgery to put one of them right. Something under the current situation I am seriously considering delaying.

 

Receiving a Court Summons for unpaid council tax which my housemate had told me was paid was the final straw!

 

Simply truth of the thread is that I want to fold on the tenancy. Normally the letting agents would do 6 Month Agreements but ours was twelve which we actually signed to show commitment believe it or not...

 

The tenancy will become due for renewal in May 2013. However sensibly speaking, Financially I will NOT be able to support the house even IF I evict my fellow housemate. It is unlikely I will find another individual to take my place in that time. Nor do I really want to, to be honest!

 

The rent is £700 and the deposit secured is £969 My Dad also stood guarantor and has made it clear he WON'T pay my debts which I completely understand. I personally have NEVER had problems paying my rent since I was 17! Hence him standing guarantor was no issue for him.

 

I have spoken to the letting agents and they said if I terminate early that I will be liable for the rent until May 2013 UNLESS they let the property before May 2013. They also said in this case I would be liable for a further £350 in Landlord Management Costs IF they let the property prior to May 2013.

 

Can anyone offer me some advice on how I tackle this one please?

Edited January 14, 2013 by nuclearshark
Added to Clarify Partner's Position

[Batfink]

1. Do you have a joint AST (ie for the whole property) or do you have individual ASTs (for your room plus a share of the common parts)?

 

2. Is the rent up to date?

 

3. Does your housemate also have a guarantor or is it solely your dad?

[nuclearshark]

1. Do you have a joint AST (ie for the whole property) or do you have individual ASTs (for your room plus a share of the common parts)?

 

2. Is the rent up to date?

 

3. Does your housemate also have a guarantor or is it solely your dad?

 

Hi There,

 

1) Joint AST

 

2) Rent is up to date... No arrears. One month (June) was late paid but that was because the bank messed up and canceled the wrong SO. But we're talking a couple of days. Was due on the 3rd and paid on the 5th.

 

3) Solely my Dad.

 

HTH

 

Shark

[mariner51]

You cannot EVICT your 'friend', nor can either of you unilaterally terminate the T.

 

Your only hope is to decide who is willing to leave and negotiate with LL about finding a replacemet, acceptable to LL, remaining T & G.

 

LL could accept mutual surrender, on his financial terms, before end of fixed term

 

After fixed term, either T can serve due NTQ for both, provided T is SPT

Otherwise you would both have to vacate at end of fixed term to terminate the T, if one remains T continues, with both Ts remaining jointly liable, and poss G.

[assisted blonde]

As your dad is guarantor he would be liable for any unpaid rent, council tax is joint and several liability so you are both liable for the whole amount and they will chase you for this

[nuclearshark]

Thanks for the help there.

 

I guess not the answer I was looking for. So as my housemate isn't paying his share of the bills and rent and I'm stuck with it? Is basically the long story short?

 

I wouldn't need to terminate unilaterally, it would be a mutual termination. (Basically I have a Disability and I'm going into hospital to have a serious operation in the coming weeks) So it would be made quite clear in no uncertain terms that my housemate would have to agree to the termination as I would be unable to fund the property. There is a lot more to this situation than I am willing to let on, on a Public Forum. I'll be honest there. Also it would take me years to type and explain it all. But I can tell you, my housemate would spare me the inconvenience and leave amicably when asked.

 

My main question was, what costs can be enforced? If I have to pay I don't have any problems with doing so. I just want things to be less stressful so when I do go into Hospital, I don't have to flap as much!

 

Ta,

 

NukeShark

[raydetinu]

you can take the joint tenant to court for any unpaid rent or utilities, if they can pay it!!!

[nuclearshark]

you can take the joint tenant to court for any unpaid rent or utilities, if they can pay it!!!

 

I rather suspected I could... But for the very reason you pointed out... He can't pay it! So court action is unlikely to solve anything. In fact would probably cause a much more unpleasant situation!