[Hypohamish]

Hi!

I'm in rather a pickle here, but I'll try my best at explaining it.

About a month ago, I signed into a contract with 3 of my friends to live in a house close to our university (moving from halls to this house in Sept 12). However, since signing the contract, the three aforementioned 'friends' have become rather...troublesome, and I don't feel like I can trust to live with them any more (words cannot describe the vandalism done to my car by them, thinking it's 'Funny').

I was wondering if anyone knows of any sort of contractual loophole that could get one out of this situation? My contract states itself that I can get out of it if I find a replacement for myself willing to sign into it and pay the deposit. However, upon further clarification from my landlord, my other three housemates have to 'approve' this new person, but I just know they're going to say 'No', so they can keep me with them and torture me until I drop out of university.

Anyone been in this situation previously? There must be something I can do surely?

Thanks!

[d0000dle]

Does your uni have an advice centre or service you can talk to? They would be the first people I speak to. If not CAB or possibly Shelter would be able to advise you.

It doesn't sound right that your other housemates must approve another person, unless that's explicitly stated in your contract, but I am no expert. It's not something that I've heard of a landlord requesting.

[Origami Bullets]

If it's not in your contract, then your flatmates don't have to approve them, but it will be useful to have some 'official' weight behind you. Your university should have an accommodation service who can help with this sort of thing (i.e. getting it sorted out before the new tenant gets annoyed and pulls out!). The Students Union should also have someone in the know, and failing that, there's always the CAB (although apparently there can be a noticeable waiting period until you can get an appointment).

[Hypohamish]

The only part of my contract I can find that states about changing out the person bound to it (other than various parts that link to sections of the Landlord and Tenant Act 1985, which I can't really research easily) is as follows.

"IT IS AGREED AND DECLARED that in the event of any one or more of the persons named as the Tenant ("the Applicant") wishing to vacate the Property before the end of the term hereby granted then :-
(i) the Applicant must give one months written notice to the Landlord and nominate a third party (who shall be acceptable to the Landlords in all respects and as to which the Landlords shall have an absolute discretion whether to accept or to reject such person) to assume the Applicants obligations under this agreement.
(ii) any acceptable third party must sign this agreement to indicate acceptance of its terms and conditions
(iii) only when (i) and (ii) are fully complied with shall the Applicant be released from his or her obligations under this agreement (including in particular the obligation to pay rent)
(iv) all the persons named as the Tenant are jointly and severally responsible for the payment of the whole of the rent and this applies whether or not the Property is fully occupied."

So to me it sounds like there's nothing legally binding that the others would have to sign off on a new tenant. This means I just have to continue my search for a new one. Luckily, my landlord is hearing my cries and has advertised the place officially through the university, so hopefully that'll attract some attention. To the classifieds I tell ye!

[Origami Bullets]

(Original post by Hypohamish)
The only part of my contract I can find that states about changing out the person bound to it (other than various parts that link to sections of the Landlord and Tenant Act 1985, which I can't really research easily) is as follows.

"IT IS AGREED AND DECLARED that in the event of any one or more of the persons named as the Tenant ("the Applicant") wishing to vacate the Property before the end of the term hereby granted then :-
(i) the Applicant must give one months written notice to the Landlord and nominate a third party (who shall be acceptable to the Landlords in all respects and as to which the Landlords shall have an absolute discretion whether to accept or to reject such person) to assume the Applicants obligations under this agreement.
(ii) any acceptable third party must sign this agreement to indicate acceptance of its terms and conditions
(iii) only when (i) and (ii) are fully complied with shall the Applicant be released from his or her obligations under this agreement (including in particular the obligation to pay rent)
(iv) all the persons named as the Tenant are jointly and severally responsible for the payment of the whole of the rent and this applies whether or not the Property is fully occupied."

So to me it sounds like there's nothing legally binding that the others would have to sign off on a new tenant. This means I just have to continue my search for a new one. Luckily, my landlord is hearing my cries and has advertised the place officially through the university, so hopefully that'll attract some attention. To the classifieds I tell ye!

Unfortunately, this is the point where the landlord can get you - he can simply say that the new tenant isn't acceptable to him unless the other housemates have approved them.

[Hypohamish]

(Original post by Origami Bullets)
Unfortunately, this is the point where the landlord can get you - he can simply say that the new tenant isn't acceptable to him unless the other housemates have approved them.

I was thinking this, but then I thought about this: What if someone gets kicked out of university? What if they choose to leave? What if, financially, they couldn't afford to pay the rent?

There must be some sort of protection for people in those situations, so there should be a similar thing to protect me D:

[mabrookes]

(Original post by Origami Bullets)
Unfortunately, this is the point where the landlord can get you - he can simply say that the new tenant isn't acceptable to him unless the other housemates have approved them.

No he cannot, and he needs to give an actual reason to reject someone as well - as in one that is reasonable.

A landlord is required to accept a replacement on "reasonable terms" otherwise it would be breaching the Landlord and Tenant Act 1985.