So basically I'm in a massive sticky mess and really don't know what to do. I have lived in a rented house for 3 months now (I took over the contract from another boy who moved out in November) and am at the end of my tether with my housemates. Basically they're two awful, trashy girls who are just not the people i'd want to live with and really regret signing into their contract, but hindsight is a wonderful thing. They're out pretty much every night until 4 or 5 am, and bring back horrid chavvy guys, and our living room is full of pans of '**** mix' they've made and refuse to clear up. The other day I was woken up by the girl who lives over the hall from me actually screaming at the top of her lungs to the skank she was with in her room that she couldn't find a condom. Also, we've had trouble on the street from people who've climbed over the back wall of our garden and attempted to get into the house, banging on windows etc. I'm pretty sure one of my housemates knows them too.
Anyway because of all this, and the fact that my lecture at uni are only monday and friday, I've decided to move back home and commute, as it would save me both money and sanity! The only thing is now I've told the girls this they've both turned totally uncooperative and spiteful, deliberately doing everything they can to stop me from getting a new housemate to fill my contract (messing up the house, not being in when they said they would etc.). I don't know what to do. The renting agency I'm with are being really unhelpful too and acting like I'm just doing this to mess them around, and are refusing to cooperate with me to find a new housemate. I'm advertising on Gumtree and posters round uni, but so far no luck I just really cannot afford to pay over £1500 rent on a house that I'm not going to be living in for the rest of the year.
My housemates have actually even gone to the extent of ringing up the agency once I had found someone to complain, which then caused the contract to fall through and the guy I found could not move in. He was the perfect candidate; a student working on placement at the hospital, but the girls' basic attitude was that he wasn't 19 years old or a girl so they "weren't happy". So the agency refused to process the change of tenant and I was back to square one. I'm so sick of this.
Was just wondering if anyone else had been in this situation, and what happened? We have spoken to citizens advice and they've told us that if it is a Joint Tenancy Agreement, which it is, then it would actually be possible for me to just walk away and the other two girls would be liable for my rent. Does anyone know if this is the case? I know that would be really harsh on them but to be honest they've done nothing but be rude and spiteful to me and refuse to cooperate in this situation.
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I want to move out of my rented house! watch
- Thread Starter
- 23-01-2010 09:56
- PS Helper
- 24-01-2010 10:28
You could just walk away but it's not the adult thing to do and the girls could quite easily take you to court over it.
In the end you just have to play their game, they are entitled to refuse a tenant they aren't happy with so find out what type of person they want and go find one.
- 26-01-2010 16:34
Why would you want to subject another person to this?
- Community Assistant
- 26-01-2010 20:09
With the proviso that this isn't proper legal advice...
Technically, with a joint tenancy, you probably have what's called 'joint or several liability', which basically means that any of you can be held responsible for the whole of the contract - it's not like each of you is only responsible for your own bit; you're all responsible for all of it. So, if you did just walk away and stop paying, the landlord/letting agency could pursue the other housemates for your share of the rent. (Your housemates could, of course, then seek to recover this from you). However, it's also possible that the other housemates could stop paying too, and the landlord/agency could choose to pursue you for the rent for the whole house. The girls could trash the place and vanish themselves, and you could get billed for that, as well, because your name is on the contract. So, you could do it, but it's something of a gamble; it would be far better to be rid of the tenancy altogether.
If the girls are being unco-operative about having people come round to view the house, you're probably going to need to bite the bullet and be prepared to do any cleaning/tidying required yourself. The ideal solution, obviously, would be if someone the girls know and like were to move in. Are any of their trashy friends looking for a place to live? They'd be less likely to object to that - so maybe an element of friendly conversation with people who come round could pay dividends!
One final thought - are there any provisions for ending the whole of the contract? Many Assured Shorthold Tenancies can be ended after six months, and any one joint tenant can bring the whole tenancy to an end... If this is a possibility, it a) makes you feel better, b) gives you a bit of leverage (guys, I really wouldn't want to have to do this, but if you aren't happy with any of the people I find who could move in then I don't have much choice) and c) if it comes to it, you could actually do it. It might be worth getting the CAB/student advice people to look at your tenancy and see whether this is possible.
On a less evil note, it also may be worth seeing whether your uni can offer any sort of advice, assistance or mediation to try to come to more of an understanding with your housemates, even if it's just an understanding about you moving out.
- 28-01-2010 00:09
You dont have to put up with this rubbish, and neither do you have to let these nasty girls dictate your life.
What you really need to do now is go to your landlord. He has a duty of care to you, because if his property is becoming dirty and neglected because of the other tenants, then you have a right to get him to do something about it.
Write it all down, catalogue what you have been experiencing, and tell the landlord that the others are trying to stop you from finding another tenant, and that your quality of life is greatly suffering because they are not abiding by tenancy rules, which in anyones book are to keep a house well maintaned and clean.
It is the landlord who is responsible for their behaviour, and also for making the decisions,they cant make decisions on who the tenants are!
I dont know how much deposit you paid, but it is worth a try to tell the landlord you want your deposit back, because you have NOT been given the accomodation you were promised due to the other tenants wrecking the place!
This is NOT your fault, and you shouldnt have to suffer it, so brazen it out directly with the landlord, and if it is doen through an agency, then DEMAND !! That they give you direct contact with the landlord, and also hand in your official letter to them, they will soon start taking notice if you start creating a little fuss yourself, trust me, you have a lot of rights and a lot you can do.
pm me if you want to chat about any aspect of the complaints process.
- 10-12-2010 18:15
Hey. Your landlord MAY have an obligation to unhold your right to respect of "private and family" life under the convention of human rights act. You could also look to the antisocial behaviour act 2003 which can provide remedies such as injunctions etc, but i wouldnt recommend that. If your house mates are as bad as they sound then I think that would be very unwise.
You are in a contract obviously and the purpose of your contract is to bind you into paying money or being responsible through a guarantor for paying money to them so the landlord or the lettings company arent going to let you walk away as such (financially speaking) so you need to find someone to take your place
A joint tenancy, which a few people have mentioned, essentially means that each person in the tenancy (your two other house mates and yourself) has an equal share of the house. Thats as far as that goes 'usefulness' wise.
Dont take the advise you were given there to "just walk away" because you will get summoned to court if your guarantor doesnt pay up (if you have one) and you will have to pay and you will most likely pick up legal costs for the court action too.
I would say your options are to live in the house and keep putting up with the hassle, try to rely on the legal principles at the start of this thread, find someone else to take over your contract so you have no obligations or move out and pay off the rent.
Its an unfortunate situation which is why I replied in the first place because its easy to try and empathise with your situation but there isnt alot you can do. The landlord and agency essentially just care about your money and the state of their property. Its clever business but bad for students.
I hope you get sorted