Flatmate refuses to replace me to I can’t move out...

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HSleigh
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Hi! My flatmate and I have a break clause at 6 months and I have told her I will be using the break clause to move in to a flat with my boyfriend. Unfortunately she has not taken it well as she’s very reliant on me, so she’s told me she won’t replace me and I have to stay until the end of our contract which is 4 months after the start date of my new tenancy at the flat I have found. Should I just tell the landlord and if she won’t let me find a replacement tenant then she needs to deal with it? It’s gone very sour very quickly as she was incredibly unhappy to hear I had found a place with my boyfriend. HELP. PLEASE! Thanks!
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Admit-One
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(Original post by HSleigh)
Hi! My flatmate and I have a break clause at 6 months and I have told her I will be using the break clause to move in to a flat with my boyfriend. Unfortunately she has not taken it well as she’s very reliant on me, so she’s told me she won’t replace me and I have to stay until the end of our contract which is 4 months after the start date of my new tenancy at the flat I have found. Should I just tell the landlord and if she won’t let me find a replacement tenant then she needs to deal with it? It’s gone very sour very quickly as she was incredibly unhappy to hear I had found a place with my boyfriend. HELP. PLEASE! Thanks!
I would just speak to the landlord, yes.

It's usually up to each tenant to find a replacement if they wish to leave without penalty, so your current housemate may not be happy with it, but she doesn't really get a say in the matter.
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StriderHort
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In short, yes. You need to make the landlord aware the other tenant has refused to allow the agreement to move forward (and that you are moving out)
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GabiAbi84
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Was the break clause with the landlord or just informally between you two?
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Admit-One
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(Original post by StriderHort)
In short, yes. You need to make the landlord aware the other tenant has refused to allow the agreement to move forward.
On reflection I may have been a bit naive in my first reply. If they are co-tenants on a single agreement, then depending on the terms of the contract then one of them could potentially refuse to enter into an agreement with a new person. Either way, the advice to speak to the landlord stands.
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2500_2
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(Original post by HSleigh)
Hi! My flatmate and I have a break clause at 6 months and I have told her I will be using the break clause to move in to a flat with my boyfriend. Unfortunately she has not taken it well as she’s very reliant on me, so she’s told me she won’t replace me and I have to stay until the end of our contract which is 4 months after the start date of my new tenancy at the flat I have found. Should I just tell the landlord and if she won’t let me find a replacement tenant then she needs to deal with it? It’s gone very sour very quickly as she was incredibly unhappy to hear I had found a place with my boyfriend. HELP. PLEASE! Thanks!
It is a joint and several assured shorthold tenancy?
If so it will almost certainly require both of you to initiate the break clause and if she won't, you continue to be responsible for the liability whether you live there or not.
Most tenancies of this type include a process for one member to leave without the other(s) (usually you can pay a fee for the landlord to replace you) - does yours?
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HSleigh
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(Original post by Admit-One)
I would just speak to the landlord, yes.

It's usually up to each tenant to find a replacement if they wish to leave without penalty, so your current housemate may not be happy with it, but she doesn't really get a say in the matter.
Thank you very much, I will formally write to the landlord this evening.
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GabiAbi84
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If it is a joint tenancy then both of you need to agree to the break clause otherwise you continue to be liable for rent unless your agreement says otherwise.

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Last edited by GabiAbi84; 1 month ago
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StriderHort
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(Original post by Admit-One)
On reflection I may have been a bit naive in my first reply. If they are co-tenants on a single agreement, then depending on the terms of the contract then one of them could potentially refuse to enter into an agreement with a new person. Either way, the advice to speak to the landlord stands.
Yeah it would depend on the agreement detail, but again yeah, bet to contact the landlord to inform them that in any case the agreement has broken down.

I'm on the naive side with many student contacts as well tbh, I cannot fathom how sensible people sign some of these things. in 20 odd years renting alone/shared i've never signed a lease I couldn't get out of again and never one that relied on another tenant to this degree.

Everytime I see another "Does anyone want to take over my £1000+ a month bedsit? if not i'm totally screwed lol!" I wonder how on earth someone has got themselves into such a bad situation.
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