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Legal Rights to Exit Joint and Several Tenancy Agreement Prior to Commencement Date

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  • Legal Rights to Exit Joint and Several Tenancy Agreement Prior to Commencement Date

    I am a student in the UK and I have signed a joint and several tenancy agreement to lease a property with five other students. The agreed-upon commencement date of the tenancy is 7th August 2023, with first month's rent payment required by the beginning August. However, due to unforeseen circumstances, I find myself in a situation where I may need to terminate my participation in the tenancy agreement before the rent term begins. What legal rights do I have regarding exiting the joint and several tenancy agreement prior to the commencement date of the tenancy itself and am I legally obliged to pay the first month's rent? There is a clause in the tenancy agreement that states that I am contractually obliged to pay rent until I find a replacement tenant but it states that it only applies once the rent term has begun. I want to understand any financial implications or contractual obligations that may arise from my early termination and how I can proceed in the most legally compliant manner.
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  • #2
    As a practical matter is there another student who would like to take over your tenancy?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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    • #3
      I write with considerable experience of advising on student lettings. Almost certainly you may not exit with impunity: you and others have each agreed to be jointly and severally responsible for paying the whole agreed rent (and maybe other charges such as utilities) for the whole of the fixed term.

      PallasAthena is right: find someone to take your place. Contact your university/college housing assistance people. In a week or two, after clearing, there may be students trying to find accommodation.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Thank you all for your advice, currently I'm looking for a new replacement tenant and have posted multiple adverts to attempt to do so as quickly as possible. I've contacted my agency, landlords and other tenants of this and they are also assisting me and have advised me to keep them updated.

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