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jdarbyshire
30-01-2009, 11:06 AM
Hi guys,

I'm currently in a lease, which I signed in July 2008, the term ends in July 2009, with an 8 month "Early determination" clause (included in quotes below). The lease is signed with all of the housemates on one contract. However I have a few problems...

I went away for a month over Christmas and whilst I was away my house mate decided that he no longer liked the small room which he chose in the first place, moved my stuff into that room and moved his stuff into my room. I am now back and I cannot live in this room as I am a university student and need space to do my work.

I've asked him to move back into that room, but he has refused and has said that he will never move. I offered to compromise and said that he could have the room after I had finished my degree (in a couple of months) but he refused that - so I think I have been more than reasonable.

As a result I wish to terminate my contract, and am looking at any way possible. I've spoken to a few people and they have suggested:


Use the early determination clause and provide notice of my wish to vacate as of 2 months from today. This would be ideal, however as all 3 of us are on the same lease do we all need to agree to vacate, or can I individually decide to vacate and leave them with the lease?
Give my wish to vacate to the other tenants and the property manager, pay up for 2 months and then stop paying - leaving the outstanding rent for the other house mates. Is this legal?
Find someone to let my room and have their name put into the lease and mine removed. Going to be hard because it is now a small room I am trrying to lease!!


Please help!! I need to get out as I can't live there and it's costing me nearly 700 pounds per month to be somewhere I can't live!


EARLY DETERMINATION
12.1 The Tenant may end the Term by giving to the Landlord not less than two
calendar months prior notice in writing to that effect such notice not to expire
earlier than the 7th day of March 2009 and upon expiry of such notice the Tenant
shall give the Landlord vacant possession of the Property and the Term shall
end
12.2 The Landlord may end the Term by giving to the Tenant not less than two
calendar months prior notice in writing to that effect and for the avoidance of
doubt such notice may be by way of notice given pursuant to Section 21 of the
Housing Act 1988 where the Tenancy created by this Agreement is an Assured
Shorthold Tenancy within the meaning of that Act such notice not to expire
earlier than the 7th day of March 2009 and upon expiry of such notice the Tenant
shall give the Landlord vacant possession of the Property and the Term shall
end
12.3 Rent under this Agreement accrues on a daily basis notwithstanding that it is
paid monthly. If this Agreement is determined on the expiry of the Term, the final
instalment of rent payable by the Tenant will normally be the same as the
previous instalments. However, if this Agreement is determined early pursuant to
a notice under this Clause 12, the amount of the final instalment may be more
than the previous instalments to ensure that the Tenant has paid the correct
number of days’ rent for the period of the Tenant’s occupation of the Property.
12.4 For the purpose of this Clause notice shall be treated as given only from the time
of actual receipt by the party to whom it is addressed or his agents

Thanks guys

Mrs Jones
30-01-2009, 11:09 AM
I know this is not helpful, but I would have chucked all his stuff out of the window and moved back in to the room I had rented in the first place.

Where is the landlord in all this??

jdarbyshire
30-01-2009, 11:17 AM
I'm contacting the property manager today to get her input. I don't think I could kick him out of his room... He is a well built bloke and I'm a girl. My boyfriend is away and can't help.

Property manager has said that I have to find someone else or get all three to drop out.

Bel
30-01-2009, 11:23 AM
Jeffrey will probably say that before the fixed term ends, all tenants are required to activate the brake clause; you cannot do it alone.

Your squabble is an internal affair and not up to the LL, although you could allow him to talk to the tenant but he wont have any authority. You could remove the other guys belongings while he is out and reclaim your room. But this could lead to escalation.

You could ask permission from the LL to put a lock on your door after you move back in. If the other guy broke it down, as you are jointly and severally liable for damage to the property you could end up paying for the damage to the LL, but you would be free to sue the other tenant after if it was his fault.

Mrs Jones
30-01-2009, 11:23 AM
I just find it unbelievable that he should be allowed to bully you in this way and the property manager just washes her hands of the situation. Tell her you have decided to take legal advice on the matter and see if that helps!

I have no experience of letting to students (or of renting as one) but this cannot be legal. I have to say that I am only 5ft 2in and 60+ but I am frightening when angry, and I would have been SERIOUSLY angry in this situation. Wish I could be more helpful.

I hope some of the more experienced people on here are able to advise you.

Markonee1
30-01-2009, 11:24 AM
Are you a student? Is he a student? Was the accomodation listed by the Accommodation Office? If so go to the college and complain...

jdarbyshire
30-01-2009, 11:30 AM
I am a student, he is not, neither is the other house mate.. Wasn't listed as student accomodation, we found it privately.

jeffrey
30-01-2009, 11:47 AM
As it's a single letting of the whole house, both/all of joint tenants form a combined "tenant" party. There is no contract amongst them: only a Tenancy Agreement between L of the one part and them of the other part. So the room distribution is irrelevant to the tenancy, and the other guy's unilateral action gives you no rights against L- certainly not re termination during the fixed term.