Joint tenancy or not? help needed!

[coz-bob]

Hi, I am in rather a difficult sitaution and I want to know if anyone is able to give me some advice...

I am currently living in a house with 4 other people. We have been living there since September 2010 and our tenancy is until this July.

However, due to a change in circumstances, I am now struggling to pay my rent. I wondered if I have any rights to leave the property, or if I do, will my friends be liable to pay my remaing rent?

You see i'm not entirely sure whether ours is a joint tenancy as I am not sure what defines such a thing. All of our names are on the same tenancy agreement, but we all signed an individual contract each. Furthermore, my dad seems to think that if we all pay our rent to our landlord seperately (which we do as we all have our own individual standing orders to pay our own share monthly) then we are therefore only responsible for our part of the rent.

It would be great if someone was able to give me a bit of help because I'm starting to worry and really wanted to get this sorted asap!

Many thanks!

[bednobs]

hi, you don't have any rights to leave the property till the end of your contract

[TonyV]

What does the tenancy agrreement and individual contract say about it?

[coz-bob]

Really? I really hoped there was some get-out clause...

Well the agreement that we all signed says the others are liable if someone leaves, but I didn't know if this was right as I wasn't sure if we were joint tenants as we pay our seperate rent. Also there is a bit that says about paying admin costs of £200 to find a new tenant if someone wishes to leave. Is the Landlord obligated to do this if someone leaves, or do you think he will just say he can't be bothered with the trouble so I have to stay and pay?

Thanks for your help!

[bednobs]

i think the landlord will want his money - after all he probably has a mortgage to pay. I think you've answered your own questions re the housemates having to pay - it is all there in black and white in your contract which you signed.
A way of avoiding the "£200 might be to find another tennant yourself - after all ypur housemates will need to like them as well! Althought he 200 might just be for changing the paperwork. Inany case if there is a gap between you and another tennant you will still be liable

[ubasses]

If you have all signed an agreement that makes you liable for each others share that is what will happen, your flatmates will have to pay and it also sounds like he will charge an admin fee to find a replacement for you and draw up all the new papaperwork. Does it say you are all liable for that or only the person who leaves. Your flatmates share would then drop back down when a new tenant takes over your share of the rent. No doubt your flatmate4 would insisit on you paying until a replacement arrives. Have a relative in a similar situation to your flatmates as someone has dropped out of the course, fortunately there is only 1 month until the lease needs renewing.

[coz-bob]

Yeah I kind of knew that would be the case, but I just wanted to see if there was a faint glimmer of hope...

I doubt I will be able to find someone who just wants a tenancy for 4 months, and I wouldn't even imagine leaving and letting my friends pay my part. So I suppose I'll just have to face up to reality and find some way of paying :(

Thanks all for your help!

[TonyV]

Bob - so it is joint tenancy and your friends will be liable if you stop your standing order - that is what you all signed up to. The admin fee I think you will find is for drawing up a new contract / standing order - expensive yep !!! but not unusual. Why don't you try and find a new tenant yourself to cover the last few months - long shot maybe, but worth a try

[TonyV]

Crossed posts - lol

[coz-bob]

Thanks TonyV, I might consider looking but don't really think i'll find anyone!

[TonyV]

Bob - nothing ventured - nothing gained. You my find someone who just needs a stop gap and is happy for short tenancy, and if your friends are understanding of your position may not be to demanding of who they share with. Guess you know about sites like this?
http://www.spare-room.co.uk/?aff=157
and
http://www.houseshare.com/ - numerous others

[Barmaid]

Right - did you all sign at the same time and did you sign for the whole of the house or individual rooms? How is the house laid out?

[bushbaby_de]

Echoing Barmaid here... how are your names on the same tenancy agreement but you all signed separate contracts?! We need more facts to give you a definitive answer.

[TonyV]

Bush & Barmaid - I did ask what details where in individual contract, but Bob only responded with quote from tenancy agreement - I assumed individual contracts were to do with standing orders - never assume!!!

[themas]

If your finances are so bad perhaps you could claim housing benefit from the local council.