My GD signed a joint tenancy agreement in December for a tenancy starting on 4 August. However, in April, she notified the agency that she wasn’t continuing at university and would no longer need the flat. She started to look for a replacement to share with the other tenant. A month or so later, the other tenant decided that she didn’t want to live in the flat either. So the advert was changed to reflect that they were looking for two tenants. We have just found out that the other tenant has found a replacement, just one. Does this mean that she will be able to leave the tenancy or will both of them be equally responsible for the remaining rent?
Thank you.
Your GD needs to get her head around a couple of ideas. Firstly it’s a contract to take up a tenancy. A tenancy doesn’t start until the place is occupied which in this case won’t be fully.
Secondly, you say ‘joint’ but that will depend on the wording of the agreement. She’ll need to check the wording to see what it says about the agreement being ‘joint and several’
Thirdly if the tenancy is only partly taken up, the position is one of breach of contract and the other party can sue for their losses. Who is sued depends on the wording.
There is also a responsibility on the other party to mitigate loss so simply leaving it to your GD and the other signatory would count against them if it went to court.
Fourthly, is there a Guarantor? They could be drawn into the issue as many parents find out when their offspring decide they don’t like the course.
Best bet is to take the agreement to a local advice charity to get the wording checked or have a look on the Shelter website under the heading " How to end a tenancy before you move in" (Can’t post links yet)
They are still both tenants until the end of the contract and are obliged to pay the rent. You dont have to agree to a replacement, but its wise to do so IF they are paying the full rent.
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