New Flatmate Left The Flat (Agency Contract)

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    New Flatmate Left The Flat (Agency Contract)

    Hi all,




    I was searching in the web a couple of information regarding my situation and I found this forum with some on the users very prepared.




    I'm trying to explain my situation.




    I live since 2016 in a flat rented via agency as shorthold tenancy agreement with other 2 persons.

    We never had a single problem. We signed a contract as join liability and lucky everything went well....until the last month one of my flatmates moved back to Australia and we found a replacement.




    This new person was so nice but after couple of days he started to act like a weird person. Very dirty, no respect for the flat and for us. We have tried to talk to him but he told us to contact him only via whatspp...so we realised that he has lots of personal problems.




    We have discovered that last night he left the flat taking all his stuff.

    We have tried to contact him, but the phone is off. No news. He just left the flat.




    We need to pay the rent and the bills in the next week and I know that we have to pay for his part. I can't find a replacement with this Covid-19 situation.




    I know he signed the contract with the agency and left a deposit.




    What can I do to resolve this situation?




    I always had a nice relationship with the agency agent and the landlord.

    Flat is always super tidy and clean.




    I and the other flatmate don't want to move but we can't pay his part of the rent and bills for another 10 months.




    Thanks

    #2
    Sorry to hear this.

    I think you're stuck unless you can find the missing tenant.

    I'd talk to the agent and see if they will accept a reduced rent until a new tenant can be found,
    They may simply say no.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Whilst you and your flatmates are legally responsible for the full rent for the duration of the contract, so is he. His departure makes no difference to that. The agency should try to pursue rent from him but they may not and they're not legally obliged to. There is little point worrying about it now. I would just carry on paying your normal share and keep repeating the line about not being able to afford to pay more. See what happens.

      Comment


        #4
        It's a risk for any tenant to sign a joint tenancy. With complete strangers its inadvisable in my view.

        Comment


          #5
          Originally posted by tizianodego64
          Thank you both. I'm sorry but what is the point to sign a contract if you can leave and act like this without problem? I suppose this a contract that cares about the agency and the landlord.
          Not at all.
          When you enter a joint contract with someone, it's a hell of a commitment.
          You are agreeing (in this case) to be fully liable for the full rent (and any damages caused by another occupant) for the full term.

          I appreciate that the word choice probably isn't fair, but you have chosen to make a big commitment with a stranger who turned out to be weird.

          It is biased in favour of the agent/landlord in the sense that they benefit from a joint tenancy rather than three separate agreements, but, if the agreements were separate, you wouldn't have any choice about who you lived with.

          The issue with any contract is being able to enforce it, and if a relative stranger vanishes, there's not much anyone could do.

          In theory, you could sue them for the rent that they aren't paying.
          It is a problem also to find another person and add in the contract if my ex flatmate won't sign it
          Legally yes, but practically no - the person who's left is the only one who could create an issue about a new agreement.

          The practical issue is whether the agent will agree to the change and whether (given the lockdown) you can find someone.

          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by tizianodego64
            I think I don't have any option and I don't see any kind of positions suitable for me and my flatmate. We are just in trouble.
            Read the replies above, then talk to the agent about the position.

            Or, just ignore it and let the issues build.

            Comment


              #7
              Does each of the tenants have an individual agreement with their own name on? Or was there originally a lease with "Tenant A", "Tenant B", "Tenant C"? If the 2nd option, did A, B & C all sign a document to change the agreement to "Tenant A", "Tenant B", "Tenant D"?

              Comment

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