Joint Tenancy Troubles

[Perks30]

Hello all,

 

My flatmate has recently moved out of our 2 bedroom flat. We moved in Sept this year and both signed a joint tenancy agreement.

 

I have informed the letting agency who have informed me that:

 

"The tenancy you have both signed means you are jointly and severely liable for all rent for the duration of the tenancy term. In order to be released from your contract you would have to find tenants to replace yourselves or the property is relet. You are responsible for all rent to the point of changeover and the ‘assignment of tenancy’ charge."

 

I intend to reside in the property and i'm currently advertising for a replacement housemate. However, I can only afford to pay my share of the rent and therefore the property is now accumulating arrears.

 

Can someone please advise me of the best course of action?

 

P.S I am aware that this thread has been posted in the wrong forum section however I was unable to access the correct forum to post this in. Apologies.

[sir_gilmour]

Hello Perks30, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

[AndyOrch]

Thread moved to Residential and Commercial lettings

[Perks30]

Thank you for moving my thread to the correct sub forum.

Apologies again for being unable to post in the correct division, I'm guessing it is something to do with me being relatively new to CAG

 

Thank you, I look forward to any advice you can offer me

[Steve__M]

The agency is correct, but not completely clear.

 

Your ex-flatmate still remains liable for the rent.

 

Normally, if one person moves out it is that person's responsibility to arrange a replacement tenant, and until a tenant is found, to continue to pay their share of the rent and bills.

 

But it is for you and the flat-mate to sort it out, not the landlord/agent.

 

When you do find a replacement tenancy, potentially the agent will not accept them on a new joint contract (eg. if their credit record is poor). This may not stop you subletting the room (check your contract), but you and your flat-mate would continue to be liable till the fixed term ends, and the replacement tenant would be under contract to you (like a lodger) and not to the landlord.

[Perks30]

Thank you for your clarification I really appreciate it.

 

I have received an email today from my agent requesting an update on the situation. They have informed me that arrears have been incurred on the property which I can only assume is my ex flat mate's non payment of rent. They have also reminded me that we have signed a joint tenancy agreement and that we are both severely liable for payment of rent.

 

I have reiterated my efforts to find a replacement tenant and assured them I will pay my half of the rent due until a replacement is found.

 

Can I be held liable for all of the rent if my ex flat mate is not paying?

[citizenB]

Perks, received report that you were unable to post/edit.. however, you seem to be posting ok at the moment ! You should be able to edit a post for up to 24 hours. If it is documents you are want to upload then please follow the instructions below..

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

If you experience any other problems, then hit the ! in the black triangle under any post and a member of the site team will look in on you

 

[Perks30]

I'll be honest, was clicking on +Reply to Thread before i'd written anything ... dumb moment, thank you for your help anyway

[mariner51]

"Can I be held liable for all of the rent if my ex flat mate is not paying?"

 

Yes, until ex-flat mate's liabilty is properly re-assigned.

When tenancy becomes SPT at end of fixed term, the ex can serve his NTQ, which would terminate his liability and prob result in your eviction, as it would terminate the T for both of you.

Nothing to stop you locating ex-mate & if nec suing him for his share of rent.

If rent owing is greater than 2 months, at any time, expect LL to serve s8 g8 with money order for unpaid rent, again resulting in your eviction & liability for Court fees.

 

As Steve_M says, nothing to stop you sub-letting to 1 person (with LLs permission) and meeting total rent committment that way. Do not delay, rent arrears are escalating.

[Perks30]

Thasnk you for your advice. However could you please translate the following abreviations?

 

SPT

NTQ

T = Tenancy?

LL

s8 g8 = Name of the form?

[mariner51]

SPT= statutory periodic tenancy, Auto created if 1 tenant remains in occup beyond fixed term expiry

NTQ= Tenant notice to quit

T = Tenancy? Correct

LL= landlord (or his agent acting on LL instruction)

s8 g8 = Name of the form?= section 8 Court app for repo, gound 8 mandatory repo Order if >2 month rent owed at time of hearing