Ending joint tenancy

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    Ending joint tenancy

    Hello,

    I'm Robert, I'm living in London.

    In May 2018 I've signed the AST for 24 months.
    - My tenancy is a fixed term, joint tenancy
    - there is no "braking close".

    Unfortunately, due to some job opportunities, I'm considering to move abroad.
    In my agreement I can read that:

    "If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent and any other monies payable under this Agreement until the Term expires; or the Property is re-let whichever is earlier."

    (no break clause in my AST)

    I have a few questions:

    1. In my case is that possible to end my tenancy early?
    I've done some research and I found that the only way to "escape" is to find a "replacement tenant" and kindly ask LL to end my tenancy (Surrendering a tenancy), is this true?

    2. Do I need to ask the 2nd tenant for any agreement (in writing)? Btw, the 2nd tenant is happy to let me go he is doing sub-letting anyway.

    3. If I will find a replacement tenant and LL will let me go, How we should end my tenancy in 100% legal way? Should LL terminate the current AST and create a new one? Do I need to ask the agency to run any "reference checks" for a replacement tenant? What is a normal way to go in this case?

    Thank you for any help, I feel a bit lost.

    #2
    You can leave any time you like, but remain liable for ALL the rent (as do each other joint tenant) to end of at least fixed term.

    "You" don't have a tenancy: ALL joint tenants have one joint tenancy.

    It's all about negotiating best deal with landlord/agent. They legally may pretty much refuse any suggested replacements so best appear (at-least...) helpful, polite, flexible.

    Who wanted 24 months - you the tenants, the landlord or the agent?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Talk to the LL; explain your situation; find out what he wants; negotiate with him.

      Also talk to your fellow tenants, as they have to be involved in what happens.

      Comment


        #4
        Hello!

        Sorry for a late reply.

        I decided to stay in the current flat for a few months more.
        Now I'm thinking about leaving this flat again... I haven't spoken to LL yet, it's stressing me out so much.

        I've got an idea. Maybe I can pay money to LL to end the tenancy?

        For example, let say there are 6 months of joint tenancy left.
        The rent is £2,000 per month, and there are 2 tenants in this joint tenancy.

        So remaining rent is £12,000.

        Can I prepare for example something like "ASSIGNMENT OF TENANCY" and kindly ask LL to let me leave this tenancy if I will pay £6,000 (half of remaining rent) to him? I guess remaining tenant should agree on this as well.

        Do you think this will work?
        Is this legally correct?

        Thank you for any help.

        Comment


          #5
          You can ask LL for his Terms for your early surrender. He has final decision, not you.

          Comment


            #6
            You should negotiate with the landlord. If he point blank refused to allow you to 'replace yourself' or surrender, then I suggest you sub-let as you former flat mate did. There may be a clause in the tenancy agreement prohibiting this, but in practice the landlord won't be able to stop you. In fact you could use it as an implied threat if he refuses to negotiate.

            Comment


              #7
              If OPs AST has a 'no subletting. clause then LL could evict the sub-letter with T, and could sue the T for 'Breach of Contract' and all related costs,inc rent for period of sub-let.

              Comment


                #8
                Originally posted by mariner View Post
                If OPs AST has a 'no subletting. clause then LL could evict the sub-letter with T, and could sue the T for 'Breach of Contract' and all related costs,inc rent for period of sub-let.
                The landlord has no direct relationship with the sub-letter so if he evicts the tenant, the sub-letter would become his direct tenant and he would have to start that eviction process at that point. I agree he could sue for breach of contract, but if he somehow managed to get rid of the sub-letter then I don't see a claim against the tenant for the rent arrears being successful and he wouldn't otherwise have any losses.

                Comment


                  #9
                  Originally posted by remus27 View Post
                  I've got an idea. Maybe I can pay money to LL to end the tenancy?

                  For example, let say there are 6 months of joint tenancy left.
                  The rent is £2,000 per month, and there are 2 tenants in this joint tenancy.

                  So remaining rent is £12,000.

                  Can I prepare for example something like "ASSIGNMENT OF TENANCY" and kindly ask LL to let me leave this tenancy if I will pay £6,000 (half of remaining rent) to him? I guess remaining tenant should agree on this as well.
                  there is no difference in what you are proposing and continuing in the tenancy (whilst you live elsewhere) paying monthly.

                  Whatever happens, the tenancy cannot be ended or changed in any way without the agreement of your co-tenant.


                  It seems to me that the best way forward would be for your co-tenant to take in a lodger and pay you the lodger's money (but there may be tax implications there).

                  Taking a lodger might not be considered sub-letting as it is not parting with possession of part or all of the property (provided the landlord has right of entry to lodger's room).

                  DO NOT attempt to take in someone as your lodger: to be a lodger, the landlord has to be living in the property as his sole or main residence at the beginning of the lodging and at the end (is my understanding)

                  Comment

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