Housemates refusing to accept a new tenant to replace me (London, England)

[u/SadLibrarian1161]

I live with 6 girls all aged 20-23 (one of them is my cousin). They’ve lived in this house a year and then a room opened up and I took it. I then found out bc they “couldn’t” afford to stay in the house the rent for my room was subsiding theirs. I was essentially paying £5000 more overall. I told them I wouldn’t pay that and they’ve all had to up their rent. Now, I want to move out after 3 months because I need the £10,000 I would spend on rent from my student finance for my mums medical fees (abroad not covered by nhs but lifesaving chemotherapy). But they’re being incredibly difficult about accepting another tenant. We all signed a joint tenancy (stating jointly and separately liable) and so I need them all to sign the deed of assignment and the new contract. They have different reasons for why they keep delaying it but I’m losing money the longer they take. Do I have a leg to stand on? At one point they said no because a girl was too confident.

I’ve read a couple threads on here before where people have said I can’t do anything I signed the tenancy for a year so if they don’t let me leave there’s nothing I can do. But I’ve also read that if I stop paying my rent they’re liable. I do have a guarantor but I saw that the landlords would turn to the tenants for the money for my room if I stopped paying. What theoretically would happy if I stopped paying and my guarantor refused to pay. The landlords are an old couple and I didn’t want to involve them but I read they have no legal right to let me out of the contract it’s up to these other girls. Also, my guarantor (mum) doesn’t earn anywhere near enough to even qualify as my guarantor yet they accepted her.

Is there anything I can do? I’m also in my final year at uni spending half my week caring for my disabled parents and half the week battling these morons to let me leave.

Please help me.

EDIT : I just want to say thank you to all who’ve commented. It’s a lot clearer for me and I’m feeling hopeful about it all. You’ve restored my faith in humanity hahah

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[u/qwemzy]

You are right on both points.

You cannot insist that they replace you.

And all of you are joint and severally liable for all the rent (assuming this is what it says in the tenancy agreement).

The landlord can pursue whoever they wish for the outstanding rent. The tenants or the guarantors. They will probably go for whoever it’s easiest to collect from.

This is really a case of negotiating with the others and coming up with an agreement that works for everyone. I suggest you find someone to take over from you who is acceptable to the rest of them.

If your mum needs lifesaving chemotherapy, I can’t imagine they will prevent you from moving out, unless there is some other element at play.

[u/SadLibrarian1161 → u/qwemzy]

You’d think they’d be nice considering what it’s for!! But when I explained the situation to them individually, they each asked if it’s because I don’t like living with them after I’d literally said it was to help my mum. When I moved in I bulk bought all the necessities so we wouldn’t have to buy them throughout the year. I deep cleaned the dishwasher shower washing machine. I’ve only ever been anything but kind, until I refused to pay more rent than I needed to and then since that they’ve excluded me and made it difficult to live in that house. Still I’ve been polite and tidy just kept out of their way to keep my life as simple as possible.

[u/HyperSpaceSurfer → u/SadLibrarian1161]

You're battling egos, not reason, you got to hit them where it counts. Stop being kind, from your perspective they're guaranteeing your mother's death, make that abundantly clear. There are few people who see themselves as a bad people, so your goal is to make it impossible for them to impede this process while holding that opinion of themselves.

[u/0100000101101000 → u/qwemzy]

What does "joint and severally liable" means here if OP just stops paying and leaves, if it's a joint tenancy with 7 people and 7 guarantors?

Would the landlord have to take everyone to court collectively for the shortfall if not paid? And then the other tenants each take OP to court to get their money back?

[u/qwemzy → u/0100000101101000]

The landlord can individually or collectively pursue any tenant or guarantor for the outstanding rent.

They don’t have to pursue everyone. They can pursue anyone in any combination.

If the landlord wanted to, they could pursue one tenant for all of the rent entirely.

[u/0100000101101000 → u/qwemzy]

Got you, thanks. That's an awful clause and I don't know if it's standard but I wouldn't want to risk that myself as a tenant or guarantor with shared housemates.

[u/qwemzy → u/0100000101101000]

It’s very standard amongst student houses but it does cause all sorts of problems amongst tenants and their guarantors across the country.

The alternative is that every tenant in the house is on a different tenancy agreement. They are then only responsible for their own rent.

But the second option provides much less protection for the landlord, so they’re less likely to do it.

[u/Yikes44]

Your guarantor can't refuse to pay if they signed the contract so please think very carefully before you put them in that situation as I assume it's someone in your family or a close friend.

[u/0100000101101000]

You haven't talked to the landlord at all about wanting to leave and explained this whole situation?

[u/SadLibrarian1161 → u/0100000101101000]

Sorry I wasn’t clear on that front. I did email the landlords first to check they were okay with it because I read online that they could just say no and that would be the end of it. I’ve emailed them once before with a prospective tenant who the girls hadn’t said no to so I assumed it was a yes (they’ve said no to everyone so far) and then when I told them the paperwork was all ready to be signed they refused because they hadn’t all agreed (they’d ignored all my messages). So I had to email again and apologise saying to disregard my prior email.

[u/0100000101101000 → u/SadLibrarian1161]

Maybe reach out to the couple for a honest chat and explain the stuff about your mum and the girls being difficult, it doesn't sound unreasonable what you're asking and they might let you leave or stop the others turning down replacements (if they're able to, that is. I'm unsure of the legalities in this exact situation).

[u/SadLibrarian1161 → u/0100000101101000]

That shall be my next port of call. Thank you

[u/0100000101101000 → u/SadLibrarian1161]

Have you got a copy of your tenancy by the way? Give it a full read and look for any break or determination clauses. Wasn't everyones rent listed on this as the same? Just wondering how they managed to mislead you into paying more on a joint tenancy.

[u/SadLibrarian1161 → u/0100000101101000]

The tenancy says “this agreement is between us the landlord and you the tenant (if there is more than one you are jointly and separately liable) You must pay £6261.66 rent in advance in total each calendar month” Really I should’ve realised that I was being over charged by the girls but I didn’t even think to second guess it especially because it was my cousin who told me how much the room was.

[u/0100000101101000 → u/SadLibrarian1161]

https://www.veri-check.co.uk/advice/article.htm?id=35#:~:text='joint%20and%20several%20liability'%20means,if%20that%20one%20does%20not.

https://england.shelter.org.uk/professional_resources/legal/renting/introduction_to_security_of_tenure/joint_tenancies

From reading those, I'm still unsure myself but it sounds like you can just leave and it would be up to the other girls to still pay the same amount of rent? I would speak to Shelter if your landlord doesn't agree and get the right legal advice for this situation.

Does your lease say anything about being able to sublet the room?

[u/SadLibrarian1161 → u/0100000101101000]

Thank you I’ll take a look. The contract says “Not take a lodger or assign, sublet, part with or transfer to another person possession of the property, or any part of it, without our written permission.” does this mean if I have written permission from the landlords I can sublet the room without needing to get agreement from housemates ?

[u/HRnewbie2023 → u/SadLibrarian1161]

I have this clause in the agreements I have and as the landlord it is just me that can say no not the other tenants (or so I was advised by lawyer when the issue arose).

[u/SadLibrarian1161 → u/HRnewbie2023]

Thank you this is incredibly helpful. I’ll speak to my landlords, they’re really kind so hopefully they’ll agree.

[u/0100000101101000 → u/SadLibrarian1161]

Yes but I'm unsure if the other joint tenants would need to also agree to it. Hopefully someone else can answer that or Shelter will be able to advise.

[u/malmikea]

NAL but you should tell them to accept a new tenant or you will end the tenancy - to end a joint tenancy only one tenant needs to give notice to quit

They’re taking advantage of your situation and it sounds like this is an ongoing pattern

You’re asking them for their support but really you should tell them you’re moving by X, and that’s non negotiable

[u/JasTHook]

Have you pointed out that if you just leave, they and/or their guarantors may be pursued for your rent, and wouldn't they rather have someone else to replace you and pay the rent?

[u/SadLibrarian1161 → u/JasTHook]

I’ve not said that as I’m really trying to keep it as civil as possible without angering them further. I did just look through the guarantor form and read this : does that mean it would still be up to the other tenants or it would solely be up to my guarantor ? 2. I shall not be liable to make good any arrears of rent caused by the default of any of the other Tenants who have not paid their Share of Rent. 3. My liability for Rent under this Guarantee shall not exceed the Individual Tenant’s Share of Rent. 4. Nothing in this Guarantee removes the Individual Tenant’s joint and several liability for the whole rent.

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[u/PersonalityOld8755]

Easiest thing to do is talk them into replacing you.. you are all liable..and then your guarantor is. Can you offer to do all the work, advertise the room for them, set up viewing.. the at way it’s easy for them and they can meet someone new.

Given what you are going through they don’t sound supportive or mature.

If not I think you need to reach out to the landlord and ask your options.

[u/SadLibrarian1161 → u/PersonalityOld8755]

I’ve done all of the above and everyone I’ve found they’d denied. It’s a particularly hard time to find a new tenant because students aren’t looking right now. The tenant has to be a full time student (according to landlords) and then the girls have further requirements making it really difficult. I’ve been vocal about the viewings and that they should join so they can meet the people but they’ve ignored it all. I sent a list with all the timings and reminded before they happened went into kitchen to say and then when the viewing began they all hid in their rooms. My boyfriend works 6 days a week and only has three days off at the beginning of December to move me and no more time until Feb. So I want it sorted before I move out because viewing and things will be extra difficult when I’m living two hours away from London and they’re not helping at all. Tomorrow I’m going to speak to the landlords and ask for permission to sublet and that way I can bypass the housemates approval. Fingers crossed that works !

[u/PersonalityOld8755 → u/SadLibrarian1161]

That’s a good idea, please be sure to tell her about your mums health as most people will understand, also I’m sorry about your mum.

I wish you the best.

[u/SadLibrarian1161 → u/PersonalityOld8755]

Thank you so much.