cd.thomson
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| posted on 11/6/09 at 12:00 PM |
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legal question: mitigating loss
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.)
Craig
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James
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| posted on 11/6/09 at 12:07 PM |
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Rebuilding your engine on the dining room table didn't upset your housemates did it? 
Good luck sorting it!
Cheers,
James
------------------------------------------------------------------------------------------------------------
"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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200mph
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| posted on 11/6/09 at 12:30 PM |
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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
If it isn't broke, fix it until it is
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Guinness
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| posted on 11/6/09 at 02:42 PM |
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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
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cd.thomson
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| posted on 11/6/09 at 03:00 PM |
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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).
Craig
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oldtimer
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| posted on 11/6/09 at 03:09 PM |
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Was this a fixed period tenancy, ie 6 months, that has now runover and just continuing month by month?
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cd.thomson
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| posted on 11/6/09 at 03:13 PM |
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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]
Craig
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oldtimer
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| posted on 11/6/09 at 03:17 PM |
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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.
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omega0684
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| posted on 11/6/09 at 03:19 PM |
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quote:
Originally posted by cd.thomson
my social life is destroyed!
haven't you been told that you don't have a social life whilst building the car
sorry im no help, hope you get it sorted mate, wounded on the 60 mile commute, if all else fails, i will help you with the burning idea
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oldtimer
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| posted on 11/6/09 at 03:20 PM |
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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.
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cd.thomson
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| posted on 11/6/09 at 03:23 PM |
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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]
Craig
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Peteff
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| posted on 11/6/09 at 03:30 PM |
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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 ?
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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cd.thomson
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| posted on 11/6/09 at 03:38 PM |
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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]
Craig
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Charlie_Zetec
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| posted on 11/6/09 at 03:51 PM |
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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!
Artificial intelligence is no match for natural stupidity!
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cd.thomson
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| posted on 11/6/09 at 04:08 PM |
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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
Craig
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oldtimer
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| posted on 11/6/09 at 04:16 PM |
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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.
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cd.thomson
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| posted on 11/6/09 at 04:21 PM |
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quote:
Originally posted by oldtimer
Oh dear, signing then meeting properly was a very bad move.
youre telling me
Craig
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Charlie_Zetec
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| posted on 11/6/09 at 04:26 PM |
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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!
Artificial intelligence is no match for natural stupidity!
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