Can a landlord use a break lease to remove a tenant but keep the others on new lease

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    Can a landlord use a break lease to remove a tenant but keep the others on new lease

    H there.. I am having trouble with a flatmate. We are on a joint tenancy. I was going to sign on as sole tenant and get lodgers to avoid this problem..sadly I didnt..so what I want to know my landlord can exercise a break lease after 6 months..what is the law around him using the break lease to help me remove the problem tenant therefore ending the joint tenancy and then signing a new tenancy with me and other problem free flatmate...I am the lead tenant and have been in the house a couple of years..the landlord.let me find the flatmates and I'm sure he would try to do what he can to help me...is it lawful to do what I'm asking...also if I am unable to do that. When the fixed term end in a year am I then able to end the tenancy agreement myself...to get the problem flatmate out and sign a new lease with landlord? Or would the landlord actually have to follow through with full eviction of everybody then have me and other flatmate move back in and sign a mew lease?? Please help me

    #2
    Landlord cannot evict without court order and execution of that order.

    You can end the tenancy unilaterally without co-tenants agreement when it's periodic.

    I guess you can combine the two. Landlord serve break notice to end fixed term early. Statutory periodic then arise, after the start of which you can serve a notice to quit. Landlord's not obliged to grant you a new tenancy after that of course.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thanks for the reply...
      Ok so you're saying if the landlord exercise his right to the break clause then all that means is he ends the fixed term agreement and the tenancy then becomes a periodic agreement...so then I can end our joint periodic agreement and ask landlord to sign my and other nice flatmate to a new tenancy? Is that right?? That seems strange as in a joint tenancy I cant end the tenancy without agreement of other parties so this seems like a strange work around that rule??

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        #4
        If I serve a notice to quit. Does my flatmate have any rights to stay on..or is he legally obligated to leave. Is there the potential that the landlord may need to go through court proceedings to get him out

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          #5
          The point is that the law does not allow someone to be committed to a tenancy indefinitely and that is why one of joint tenants can end a periodic tenancy by notice to quit. When it comes to a fixed term all the joint tenants know at the outset that they are committed and only committed for the fixed term (plus in the case of an assured tenancy also until any statutory periodic tenancy which arises is ended by notice to quit).

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            #6
            Hi thanks for the reply. The thing is I would be serving the notice to quit if that is possible after landlord exercises break lease to end fixed term early..the landlord wants me to stay on as I'm the one that looks after the house..so because I'm the one serving notice the law looks at that like I'm the one that wants to go Haha but I'm not I'm looking for a way to get a problematic co tenant out...he will not want to leave...I guess I'm looking for advice on how to get him out legally so I can continue living in there happily and the landlord wouldn't want to sign a new lease with the problem guy but can the problem guy choose to stay....to ya know be as problematic as possible

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              #7
              People must have this all the time...it was my house originally I found flatmates...joint tenancies are the way it works here so you never know if you will get along but I think it's a terrible injustice that to have a happy life I would have to move out.. which will also leave the landlord with someone he doesnt want i the house

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                #8
                Surely there is a way to achieve this.

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                  #9
                  Originally posted by Squeak351 View Post
                  Surely there is a way to achieve this.
                  I am not sure the law can achieve it. It comes down to finding people who are good to share a home with.

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                    #10
                    I think we are talking about a break clause here? How long is the fixed term, and what does the break clause say. A single tenant cannot activate a break clause.

                    Your only real option is per post #2, which would require planning with the landlord. Since you can only give notice after the landlord's break clause notice has ended, and that will then take another two months (or in fact 2 months less one day) -- the fixed term is likely to have ended by then anyway.

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                      #11
                      Ah yes that is a good point if that's correct so the landlords notice would take it to 8 months...and if the contract does say I have to give 2 months that takes it to 10 months...so I can only hope asking him to leave will work...so if I terminate the tenancy at the end of the fixed term he would have to move out..? The landlord would want me to remain and I cant remain with him there...English law on evicted people is so full on..I mean from what I read he could be really obstinate and choose to stay until proper evicted

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                        #12
                        You, with other Ts, can activate the break clause at end of fixed term, but I doubt LL will want you to stay on.

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                          #13
                          Ive already discussed with the landlord and he wants me to stay as I am the one that looks after the place and has been there the longest. He is willing to help yo some extent but I dont think he will go as far as doing eviction if my flatmate choose to stay. If I leave the landlord wants to get new tenants as like I say I am the one who looks after his home. So basically is my landlord within his rights to utilise break clause to end our fixed term and then continue a new lease with me?

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                            #14
                            The landlord would have to grant you a new sole tenancy on expiry of your NTQ. He is going to want that to be at the full rent or he risks at least 6 months at only half rent, so you will have to be able to manage that while you find a new flatmate. If the co-tenant doesnt leave then he would have to get a court order to remove him so the early weeks of any new tenancy will not necessarily be as pleasant as you hope.

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                              #15
                              Yes I wish I had signed on sole tenant right from the start as these joint tenancies leave no room for error when choosing flatmates. So how can I protect myself from this in the future...for example if I went sole tenant and got flatmates in I would be classed as their landlord which makes it my liability to get people removed...is there any backing by the law if I for example wrote up a contract between flatmates and i saying it is trial living situation and if I am not happy with the situation you will leave when asked...is that possible or is there always the potential that they can refuse to go and court order will always be the only way

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