need advice

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    need advice

    my boyfriend was sharing a flat with 2 of his friends. he decided he didnt want to live there anymore because he wanted to live with me instead and he fell out with his flatmates. the letting agent said he could get out of the contract if they found someone else to move in in his place. his flatmates found someone, so the letting agent said its fine and my bf could leave, so he moved out and handed his keys in and we have applied for a house together (paid admin fee etc waiting to hear back). now about 2 weeks after handing in his keys the old letting agent has emailed him saying that the new tenant they found has no guarantor and my boyfriends dad has to be his guarantor (neither my bf or his dad have ever met him) and if not then my boyfriend cant get out of the contract. how can they just change their mind like this? we cant afford to pay for two places, i couldnt afford the house on my own and have already given in my notice for the flat i live in now, and i wouldnt be allowed to move into the shared flat with them either

    #2
    Was boyfriend on a joint tenancy with the other 2 (for e.g. "63 Acacia Avenue") or did they each have individual "room only" tenancies (for e.g. room 2 63 Acacia Avenue)??

    When does/did the fixed term end, please?

    (Answers different depending on your two answers!)

    Best regards
    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...

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      #3
      i believe it was a joint tenancy and i think the contract ends in 7 months

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        #4
        In practice a lot is going to depend on what was put in writing when he left. For example if the agent emailed him agreeing the move out and new tenant, he should stick firm and state that the contract has been cancelled by mutual agreement and he no longer has any liability.

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          #5
          unfortunately we have nothing in writing, he did give them a letter hed written when he handed in the keys stating that he was no longer responsible for the property and would no longer be liable for rent, but we dont have a copy of it. but from what we can gather the new tenant already signed a contract and possibly already moved in

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            #6
            Your boyfriend should still be bound by the original tenancy he signed.
            The agent was wrong to say that he could move out if a replacement was found - there's more to it than that and they were simply being lazy.
            They haven't done the proper paperwork to confirm the end of the tenancy.

            If the new tenant has signed something and moved in, I have no idea what they could have signed - but they've started their own tenancy of some kind.
            If they've signed something but not moved in, no new tenancy has started.

            Obviously, the idea of being someone's guarantor is a complete non-starter.

            If your boyfriend had a guarantor, you need to discuss with them what you do, because they can try and collect the rent from the guarantor.

            Personally, I'd tell them no to the guarantor, no to continuing, they accepted your boyfriends surrender of the tenancy and you don't want to hear from them anymore.

            This isn't actually correct, because your boyfriend wasn't in a position to surrender the tenancy and the agency wasn't able to accept it - but I think they've messed up and don't know what to do, let alone what's right.
            The worst they can do is try and chase you for some of the rent, and if you're lucky they won't.
            And even if they do, you're no worse off than now.
            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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              #7
              Originally posted by jpkeates View Post
              Your boyfriend should still be bound by the original tenancy he signed.
              If someone HAS moved in to take his place, then he couldn't go back (denied possession). If the rent is actually being paid by continuing tenants, the LL hasn't lost anything anyway (except, arguably the loss of a guarantor) - but you could probably succeed in arguing that LL is estopped from denying acceptance of surrender by having relet (in some form). LL can't have cake and eat it.

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                #8
                I pretty much agree.
                It depends on a lot of things - has someone moved in (which I actually doubt, if there's an issue with a guarantor) and does someone moving in prevent someone else living there (is there another room free).

                To be honest, the only solution seems to me to try and front it out, the only thing that changes is how difficult the agent can make things.
                They created the problem by telling the tenant something that wasn't true - you can't just move out of a joint tenancy in the fixed term.
                Even though it happens all the time.
                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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