Does anyone know about my rights in regards to leaving a contract?

Its a joint tenancy agreement, I have stated that I want to leave the contract for the last ten weeks and first rent is due in July. There are 5 other co-renters.

The issue is that I was categorically told that I could not simply find someone to "buy me out" of the contract because the other housemates must sign me off. Bad blood meant they've messed me around, and short sightedness has meant they've now returned to their home towns without signing this form to "release me".

They've actually had a replacement for me for the last 2-3 weeks.

Now theres no comment about this signing off process written into my contract, and having some basic understanding of the responsibility of the contractor to mitigate my loss it would appear they have actively prevented me from doing so.

Are they on rocky ground here by forcing me to rely on the other members of the flat to resolve my problem?

(just to add, I will not be paying rent, if the total rent is short for this coming month then "megaclose" the housing agent will have to take all of the house members to court to reclaim the loss. Then the current house mates will have to take me to court if they want to reclaim the rent solely from me.)

Rebuilding your engine on the dining room table didn't upset your housemates did it?

Good luck sorting it!

Cheers,
James

If it isn't specifically mentioned in the contract about having to be 'signed off' then you don't need to.

In my experience there is normally a provision for finding someone to replace you should you wish to leave, and provided you've satisfied the suitability requirements etc then you've done your part as far as I can tell.

They cannot prevent you from fulfilling your part of the contract and they take action against you for the failure.

Good luck with getting it sorted

Mark

Burn the house down, burn the letting agents office down, kill them all!

(Not really, just in a bad mood today!).

Sorry

When did you sign the contract? When were you / they supposed to move in? I guess as you've been in dispute for 10 weeks, and the first payment isn't due until July, you haven't moved in yet?

I'll email a mate who does lettings in a minute, with a link to this thread.

Mike

march/april time was when I first signed up.

Trust me, I'm up for plenty of burning. Two of the exhousemates were my best friends and they've completely screwed me through this whole process. The result being that I now have to move back in with my parents, commute 60 miles to and from work everyday and my social life is destroyed!

The back story is that I have been given strong reason to believe that the other 3 housemates will make the flat unlivable (everyone is a student bar myself).

Was this a fixed period tenancy, ie 6 months, that has now runover and just continuing month by month?

no, this is a tenancy which is due to start in august and be paid a month in hand, hence first payment is due in july. It is set to run for 50 weeks.

There is no comment in the contract about how to leave the contract but surely if I could guarantee no loss to the letting agent or landlord because of a replacement then theres no issue?

[Edited on 11/6/09 by cd.thomson]

[Edited on 11/6/09 by cd.thomson]

Think I missunderstood. As a joint tenant notice to end a tenancy given by one tenant acts for all tenants. You are all jointly liable for the rent. If you are all getting on so badly why don't they want you to leave? Finding a replacement tenant and signing an Assignment document (all parties) is the normal practice.

quote:

---

Originally posted by cd.thomson
my social life is destroyed!

---

Tenany agreements do not contain all the rules pertaining to the Housing Act or they would be too big. Your solution sounds sensible but you need all the other parties signatures to legaly bind it.

its a long story. We three guys were looking for a flat. These three girls we didnt know got in touch via a forum and said they were looking for three extra people to occupy a six person flat.

Everyone then rushed to sign up to the contract, I delayed but was eventually encourage to also sign and pay my deposit. It was only then that we decided to meet these girls properly and I was told in no uncertain terms that the flat would be a "party flat" and I was outnumbered if I didnt want that to be the case. This went backwards and forwards and I wasnt getting anywhere so I made the decision to back out.

They dont want to live with me, but they are being immature and placing pressure on me by dragging this out to the deadline so I cant get my money back. They have now made the mistake of splitting off back to their respective hometowns so now they wont be able to sign this form before the first lot of rent is due.

There is no comment about this "Assignment" document in my contract and apparently I'm not required to sign it.

Oldtimer, thanks for the insight, I'm wondering how a contract would stand up in court if it failed to include something that was inforcable like this agreement. Would I be expected to buy into something know all of the housing laws myself?

I know that if you are sold something and the contract states something different or extra, then even if you sign it there is a defence that you were not aware of what you were buying into.

[Edited on 11/6/09 by cd.thomson]

Is this the flat you were going to use as a party house after town centre p!ss ups ? Surely you could see what was going to happen before you went into this agreement. These things usually end badly and my sympathy was for the neighbours and the flat owners which is no consolation to you but if you are going to go just walk out and stop paying if that's what you feel like doing, let them sort it out among themselves. You sounded up for it before, didn't you think it through ?

can you quote me pete? I dont remember my comments to that effect.

I was definitely up for moving in with friends in a relaxed environment, but I work and I dont really drink soo... town centre p!ss ups arent my thing. I wouldnt even mind them consistently getting in early from doing it themselves - but the implication is that the house would be the hub of the activity.

ETA: also there are three flats in the block, all occupied by students, with no houses sharing a wall and all the nearby houses being student accomodation. I hope that reduces your concern for the neighbours.

[Edited on 11/6/09 by cd.thomson]

Thinking back to my student days, I remember the joys of living with "friends". Unfortunately, you never really know people until you live with them.

As you said, the tenancy is signed, and as such all tenants are jointly and severally liable. If one leaves, the others are stuck. However, if it went to court and say 5 could prove that the 6th person hadn't paid up, the courts would impose the fine upon the 6th.

If it were me, I'd get in contact with the letting agent. Say that you've had a change of circumstances, and you don't wish to proceed with the tenancy agreement. If you've got someone who's willing to replace you (making sure you get your deposit back from them), then suggest it to the agents. Chances are, they'll charge you a small fee for changing the names on the contract, but they're not really concerned as they still get their fee.

Sounds like your future housemates are trying to tie you in slightly. I can understand their concern, they don't want to live with someone (your replacement) who they might not like/get along with. But there's nothing contractual that you've mentioned which stops you leaving and a replacement found, only with their say-so.

I do feel for you, I had to live with some right tw@ts at uni who I thought were friends. So just beware, there are ways of getting out, but you'll probably burn bridges in doing so!

thanks charlie, ive actually been in a similar situation when i was a student too hence why im trying to get out.

The letting agents are the ones who are preventing me just being replaced. The other housemates have found a replacement for me off their own backs so that isnt an issue. The issue is now that the agent wont let them replace me until this form is signed - which cant be signed because noone is around to do it

Oh dear, signing then meeting properly was a very bad move. If there is an agent get them involved now. They have to minimise your costs - did you put it in writing about not wanting to start the tenancy? I guess not. Point out to your friends that they are all liable to pay the rent in full every month - not just their portion. My advice would be to not enter or put anything into the property. Advise all tenants this is so and that they are all liable for the rent - this will make them act faster, then do the right thing and make up the shortfall in rent (don't tell them you will do this as it will keep the urgency to find a replacement going) - it is, after all, you who have changed your mind.

quote:

---

Originally posted by oldtimer
Oh dear, signing then meeting properly was a very bad move.

---

I almost agree with oldtimer; don't put anything in the property. Maybe offer to help with the 1st months' rent if nothing can be resolved by the commencement of the tenancy, but don't go overboard and offer anything too outright.

If the agents are getting funny, ask for the form that has to be signed to be sent recorded delivery to all of the tenants one by one, with a S.A.E. enclosed. The agent might get funny, but offer to pay for the recorded delivery and return postage, therefore covering their costs on that aspect.

Keep batting solutions back to them, and soon enough they'll try to help in an attempt to keep you off teir backs!