Trying to end tenancy early

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    Trying to end tenancy early

    Hello,

    I'm trying to end my tenancy early due to a relationship breakdown with my housemate, hostility, bullying and my items going missing. There's currently four of us on the agreement which I'm trying to leave. I haven't lived there, apart from around 15 days(when the housemate was away) since the end of September, but i've been paying my rent and bills.

    I did viewings, filtered through applicants and cleaned the flat in order to find a replacement, who agreed to sign the contract from the 23rd January(when the new rent was due). The letting agent informed the housemates of this. Understandably they wanted to meet the prospective tenant (one met her when I did the viewings). However, they haven't got in contact with her. I organised a group, tried to arrange a call and she's been in contact but no one has answered.

    I told the housemates the date I wanted to leave and explained that this future tenant is suitable and all round a nice person. The housemate who i've had the disagreement with is the ring leader/influences the others and therefore is making it difficult and the other two housemates don't want to do wrong, as they will have to live with her.

    Due to them not contacting the prospective tenant, she now doesn't want to go forward, so i've left the viewings to the others(which they wanted to do). I don't want to pay for the time it takes for them to find someone, if at all they do (i've paid up until the 23rd January). I've also moved all my things out my room and handed my key back(upon advice by Citizens Advice).

    Previous housemates moved out, whilst finding a replacement tenant, similarly to what i've done, without any discretion. I believe they are taking advantage as i've been paying rent/bills for my part, despite not living there and they're reluctant to let me officially move out and a new tenant to move in (so i'm financially tied to a tenancy I don't live in). Upon seeking advice from Ctizens Advice, they told me to stop paying the bills and the rent as per clause D - The other tenants are liable for each others acts, omissions and liabilities. I'd be grateful for any advice on this matter as it's really stressful as I can't afford to pay anymore for somewhere I don't live in.

    #2
    Clause D is about joint and several liability. This means that each tenant, and that includes you, is responsible for paying the whole rent. You could stop paying the rent in the hope that this encourages the other tenants to find a replacement for you. However, the remaining tenants could opt to pursue you for rent and any unpaid bills through the courts.

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      #3
      I can't see any dates on the tenancy agreement, but you have entered into a contract for a fixed term (or an initial term) and can't end that agreement before the end date without the agreement of the other occupants and the landlord.

      If you move out and stop paying rent, the landlord may sue you and the other tenants for the shortfall.

      Alternatively, the other tenants may sue you for the rent you have committed to pay and failed to. Their claim is slightly more tricky than the landlords, as their are mitigating circumstances and your agreement with them is not in writing.
      But they'd probably win - but they'd all have to sue you and they may not all want to.

      I'm amazed Citizens Advice advised you to stop paying the rent and bills.
      It might be something that you will do because it doesn't sound like you have any great options, but it's terrible "advice".
      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).

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