Tenants can't apply for termination if they don't all agree

[Learning]

Has anyone come across this before? A group of flatmates all signed a tenancy agreement. They have a falling out and one or more of them want to leave the tenancy. Those who want to stay don't want to cancel the agreement, the PM wont terminate the agreement and the TT has advised that without agreement from all tenants they can't challenge the tenancy. So those who want to leave and move on appear to be locked in until the term expires. Would this be a case for the disputes tribunal?

[Keys]

No. (mamc)

[Learning]

Is that no you haven't seen a case like it or no it's not a case for disputes tribunal? What normally happens when a group signs a shared agreement and then down the line one or more want out but the group as a whole can't agree?

[drelly]

No, that's bollocks. Everyone on the tenancy agreement has joint and several liability. So any one of them can give notice and they are all considered to have given notice.

[Nick G]

I believe the tenant who wants to leave needs to find a replacement that the PM accepts.

[Keys]

In answer to the questions in order they were asked (missed the first one).

Yes, no.

[Learning]

I believe the tenant who wants to leave needs to find a replacement that the PM accepts.

Yep that's what the PM has said however the remaining tenants have made that difficult by being difficult. Would you want random strangers sharing your bathroom when your former flat mates have moved out but are still being forced to pay the rent?

[Learning]

No, that's bollocks. Everyone on the tenancy agreement has joint and several liability. So any one of them can give notice and they are all considered to have given notice.

So they need to ignore the TT advisor and get their case in front of an adjudicator regardless?

[Keys]

Only if the tenancy is a periodic. This one is not.

[Learning]

Only if the tenancy is a periodic. This one is not.

So they're stuck until the end of term? No wiggle room if one chooses not to negotiate? Wow, be careful of who you share a fixed term agreement with.

If you're in a flating situation on a shared fixed term and lose your job or have an accident or find out you flat mate is a sociopath or get offered an over seas placement or some other reason to leave early you're a spirally grooved inclined plane wrapped around a cylinder "ed.

[drelly]

Fixed is fixed regardless of the tenant's arrangements. Of course it should be pretty easy to get yourself kicked out!

[Learning]

Good to my name this is a lesson. I'll be sure to discourage my kids going fixed with flat mates when they leave home.

In this example the person moved out only 3 months in to a years fixed after the remaining tenants ransacked her room and other antisocial behaviour. They had been friends previously and thought they all knew each other. Nothing was bad enough to involve the police but she left in fear of her own safety. She tried to find others to fill her room but the remaining tenants made it difficult. The stress and financial burden drove her to an overdose of proscription medication. The tenancy eventually clasped of it own accord but she has a large debt for a room she hardly ever used.

[Learning]

If you or someone you knew was in a similar situation what would be the best way out? I'm thinking that if she'd stopped paying rent after the second or third time the remaining tenants had blocked perspective replacement the PM would have stepped in.

If she'd kept the PM informed and could prove she'd done her best to keep up with her responsibilities but stopped paying rent when it became obvious that the situation wasn't going to be resolved how would the TT rule? Yes the law is against her but we all know that doesn't always count much at tribunal.

[td91]

Have dealt with this issue twice as a landlord. This is the very reason I tend to not approve applications from flatters.

This happens too often.. If the tenant can present someone else suitable to replace the tenant/s I never have too much of a problem. It does tend to often cause an issue with bond disputes etc.

If you have flatters in your rental - keep it periodic! Fixed term tenancies seem great but are nothing more than a bloody mess when things turn pear shaped.

[Learning]

After helping deal with this situation I completely agree with you td91. I think it proves that either this PM was inexperienced, lazy or was taking orders from the owner against his better judgment. I'm assuming one of the former as he refused to communicate with the tenants and their appointed supporter until they withdrew their TT application. A catch 22 as the tenants weren't going to withdraw that until the issue was resolved. PM eventually saw sense and everything was settled before it went to TT.