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Joint tenancy problems

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jedimistress | 18:14 Wed 27th Sep 2006 | Law
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I live with a guy and we are joint tenants. We rent the house on a joint tenancy agreement. He now wants to move his girlfriend and 5 year old daughter in. I don't want this, do I just move out or is there anything I could do to prevent extra people moving in? (bar talking with him about how I feel).
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tell him not to be so selfish. If he doesn't listen, burst his mouth.
Depends on how long youve been there and whether your tenancy agreement is fixed term or periodic? You should speak to the landlord and ask if you can be released from the agreement early (if its a fixed term). The LL can then offer a new tenancy to the person you share with and his partner. Alternatively, you could just see out your fixed term then leave.
If youre on a periodic tenancy then you only have to give 1 months notice to leave.
The man you share with cannot simply move someone else in - she would have to be added to the tenancy agreement and this would mean a new agreement (which you would not have to be involved with). Again, speak to your LL.
I'm basing this on the assumption that you have an AST agreement and are not simply sharers.

Hope this helps?
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Hi. Yes thanks it's an AST. We are within the first 6 months of the tenancy.
You can walk away at the end of the 6 months (dont know how far through it you are). If youre fairly early on in the tenancy talk to your LL and tell him/her the situation and suggest he/she offers a new agreement to your sharer and his partner and to release you.

Whatever happens, your sharer cant simply move his partner in. That's unfair on you and the LL shouldn't allow it either.

As a LL myself I'd want you to tell me about something like this. Don't get pressurised by your sharer
Does your tenancy agreement have any restrictions on other parties occupying the property?

Check if there are any provisions for leaving the tenancy earlier than the initial 6 months, some more formal agreements do. Or speak to your Landlord and see if you can sort something out between you.

Your landlord should be interested as if the girlfriend and child move in then they are in "informal" occupation which could cause problems ifhe wants to sell, remortgage or otherwise deal with the property.

Even if you move out you are liable for your part of the rent under the tenancy agreement for the initial, I am guessing, 6 month period unless your landlord releases you early by varying the agreement or terminating the existing tenancy and granting a new tenancy to your housemate. Whatever happens ensure that it's all done properly and in writing and signed.

As there are people moving in then he may be fine to let this happen so long as the property is occupied and the rent is paid.

If you are joint tenants then you are both jointly and severally liable for the rent for this period so if any rent is unpaid then they can go after either of you. This could also apply to damage etc... they may want to recover money for.

I suppose it depends on what outcome you want, whether you are prepared to move out or want to stay and what problems it may cause with the guy you live with.

Bear in mind that if he got the huff and left then he is also liable for rent under a joint tenancy as detailed above unless he makes and agreement with the landlord. If he did a runner and didn't pay then the landlord can come after either of you so just be careful.
I agree with Jenna's very thorough answer. One other point. If you contributed to the deposit make sure you get your share of it back from the landlord when the tenancy ends - otherwise it sounds like you might have a problem getting it from your joint tenant.

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