View Full Version : One tennant moves out and the other wants to stay
Hi, i was wondering if anyone can help me with this dilemma.
My flatmate (X) and i signed an AST; a 12 month with a break clause for 6 months. It is coming up to the 6 month; i really am desperate to move out and give my notice in but X would like to stay. Can i still give my notice and move out without X?
The letting agency (LA) deals with all the issues. I spoken to them and they state i cannot move out unless i have X notice aswell. Will it be possible to request an addendum to remove my name from the contract and let X be the sole tennant if X agrees to this?
please let me know any opinions or other ways to leave an agreement.
21-03-2010, 19:57 PM
The Letting Agent (unusually for that business sphere!) is correct. The break-right belongs to both tenants jointly. You (acting alone) cannot serve a break notice. Solution: you + X serve it jointly, but X offers to take new letting from L.
Dear Jeffrey, many thanks for your quick response. Can i not ask LA for an addendum to remove my name and let X carry on with the AST agreement?
Im in a situation which is really "sticky" and i really want to move out. Is there a way that X can stay without me on the agreement after the 6 month break clause and continue the agreement?
21-03-2010, 20:05 PM
No- an addendum is legally inoperative; but L could allow you + X to assign the existing letting from you + X to either X alone or X + another.
Many thanks Jeffrey. You have been at most helpful. But, i have one final question to ask. Can X continue with the existing tenancy contract that has a remainder of 6mths left from the 12month contract? Will the LA allow this? or does X have to start an entirely new tenancy agreement?
21-03-2010, 20:18 PM
L's Agency has no decision-making power. It's for L in person to decide. Assignment would continue the existing tenancy, without involving new one.
21-03-2010, 20:21 PM
If X wants to stay, on ther own, and are willing to continue paying the rent, then you can leave and they can stay without any effect on the tenancy. HOWEVER, if X decided not to pay the rent, or caused damage, you would be jointly liable even though you are not living there. Once the 12 months is up, you can give notice without Xs co-operation and the tenancy will end. If X wants to re-negotiate a new tenancy with the landlord, that is their perogative.
Can anyone help me with this situation...i sent an email regarding about my situation to the LA and that i can put forward the deed of assignment through and the manager responded to my email stating:
"Regarding your email below I have already put this across to the landlord. And he has given me 2 options.
Either serve notice from the from the 5th April 2010. Or if you do want to stay then the full deposit will have to be held with the landlord and whoever else moves in will have to be fully referenced and also pay a deposit to the landlord. This is the only way he will accept.
We will not be able to just have your name on the contract as if anyone else lives at the property they will not be covered under the landlords insurance if they are not on the tenancy agreement. "
Can the LL do this? even thought the deed of assignment can be applicable? can anyone tell me what is my next option?
22-03-2010, 10:22 AM
L does not have to agree to:
a. Deed of Assignment; nor
b. surrender by two people and re-grant to one of them.
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