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TangoBear

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  1. Hi there - hoping to get some help with a slightly complex tenancy issue. I have done a reasonable amount of research on the web and have not yet found a definitive answer. For background: Assured Shorthold Tenancy in England 12m contract, with 6m break clause with 2m notice required after this period (i.e. min term 8m). We are currently 2m into this. Joint tenancy signed by the two parties living in the property Assignment clause in the tenancy stipulates: "Not to assign underlet (or) part with or share the possession of the Premises and not to permit any persons other than the person named as the Tenant or any other person approved of in writing by the Landlord to occupy or reside in the Premises. (Not to take in lodgers or paying guests) without the Landlord’s written consent which shall not be withheld unreasonably." While it's a joint tenancy, the landlords preference was for one payment to be received, so the other tenant pays me his rent and I pay the full rent to the landlord. Current situation: The other flatmate has announced he wishes to leave the flat asap due to personal issues, albeit acknowledging it will take circa a month to find a replacement tenant. I intend to stay in the flat. I have explained he has signed a legally binding contract, the fact we have a J&S guarantee etc. I have suggested an 'informal' two months notice period, on the basis that (a) the landlord is willing to accept the lease being assigned to a new party, (b) I will do my best to find someone within the two months and therefore reduce the time he needs to stay/pay and © this does not change the fact he remains liable for the next 6 months (i.e. we're currently 2m into a min term of 8m). While the other tenant has suggested he will try and get someone I like, their number 1 priority appears to be moving out asap. On this basis he has suggested it should be him advertising for a new flatmate in order to get someone in asap. I have suggested this is unacceptable to me and I should be the one advertising (obviously dont want to live with someone I dont like for 6m minimum!). So I have the following questions: My research so far suggests both myself and my landlord would have to sign an assignation document if he formally passes the lease to someone, i.e. I could refuse to sign. Is this correct? As per the point above, what right does he have to sublet his room in the event he gains landlord approval but not mine? In an extreme situation could I point blank refuse to have anyone else join the flat as a new tenant or as a subleasee of him? I'm conscious of the J&S guarantee and in theory would have the funds to cover the full rent for the minimum term and (regretfully) go down the court route to claim the monies I'm out of pocket back from him. Does my suggestion of 'informal' two months notice period with the 3 caveats seem like a fair compromise? My default position of any costs related to this should be for him to pay - I do not see why either the landlord or myself should be out of pocket. Is this reasonable / standard? Is there anything else I should be aware of legally speaking? Obviously hoping to resolve all of this amicably but need to know what I can and cannot do if he starts playing silly b*ggers! Kind regards!
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