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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My daughter rents with 2 other tenants. One has to move out

Customer Question

My daughter rents with 2 other tenants. One has to move out prematurely due to mother's illness. Landlord won't permit the te***** *****ge. The girls have already found another willing tenant to move in. Please can you advise.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Does the agreement allow for tenants to be changed please?
Customer: replied 1 year ago.

My daughter moved in to the flat in Sept 14 at the 6 month mid point of a 12 month agreement. The contract was rewritten with her name included.

My daughter is just checking but when a previous flatmate, Verity, enquired earlier this year about moving out she was told she only had to give 2 weeks notice. She actually moved out in March when the contract was up for renewal and that is when Virginie was added. Virginie is now the girl who has to go back to Switzerland to look after her terminally ill mum.

Customer: replied 1 year ago.

Contract says 'if the tenant wishes to end the tenancy prior to or upon expiry of its fixed term, then the tenant may give the landlord no less than one calendar months notice to be served in person or sent by first class mail stating he/she wishes to leave the property, provided always that such notice can only expire at the end of the 6th month of this tenancy or at the end of the fixed term of this tenancy.'

Tenancy agreement end March 2016.

Customer: replied 1 year ago.

Are you able to advise please? Can the girls argue for a change of tenancy on the basis that they have found a replacement and they will pay the landlord's fees?

Expert:  Ash replied 1 year ago.
But what does it say about change of tenants rather than end of tenancy?
Customer: replied 1 year ago.

There is no reference to change of tenancy. It is a joint agreement between the 3 girls rather than individual agreements for each of them. I'm assuming this means that the 2 remaining girls will be liable if the 3rd just leaves? Seems unreasonable to not allow the change if girls offer to pay costs.

Expert:  Ash replied 1 year ago.
I agree with you. But sadly the agreement does not reflect that. Sadly the two girls are jointly liable for the debt. However though all 3 girls as they are named on the tenancy are liable even though the third one has left. However unless the agreement says the tenant can be replaced subject to the landlords consent then they can't.
If the agreement had intended the tenant to be replaced then it would have said.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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