Lease and Housemate

A_Sober_Paddy

Heya

Gonna try and make a long story short.

My current house mate is grand, but he has lost his job security, his on a monthly rolling contract. So with our lease up at the end of the month, I'm looking to renew for another 12 months. But he doesn't want to sign a lease because he lacks job security. All fine...

So I then look at new places for me and the girlfriend, can't find much. So we decide we'll stay in my current place, speak with letting they are happy we are happy. We'll be signing a lease. Starting end of October.

So I come home last night, and the house mate suggests staying on for a bit longer, but not signing a lease.

Firstly apartmemt is too small for the 3 of us.
Secondly the letting agent aren't too keen on him not being on the lease.

How do approach this without being a d!ck.

Ken.

Get the letting agent to be the dick.

the_syco

Nope. He doesn't want to sign the lease, but you found someone who does. Thus either he signs the lease, or he goes.

If you get the letting agent "to be the dick" you then lose your place, as he'll kick both of you out, and both or you will be without a place, instead of just him being out of a place.

endacl

Your housemate is making his problem your problem. He wants to stay where it suits him, but not take the responsibility of tenancy. Which would make him your licensee. This may not be acceptable to your LL. I presume he'd also want his share of the deposit back, seeing as he wouldn't be on the lease? Which could leave you stuck...

I know what I'd tell him.

ongarite

If he can't pay he can't stay.
Take your relationship with him out of this.
If he isn't on the lease and doesn't pay you, likely with some sob story; you will be liable to pay the rent in full

Mrs OBumble

Your housemates was on the lease. Has he been on it for more than six months? If so, then he has Part IV rights just the same as you do, and neither he, not you, have to sign a new lease.

A_Sober_Paddy

Mrs OBumble wrote: »

Your housemates was on the lease. Has he been on it for more than six months? If so, then he has Part IV rights just the same as you do, and neither he, not you, have to sign a new lease.

Its more like an additional 12 months let

Marcusm

A_Sober_Paddy wrote: »

Its more like an additional 12 months let

But neither of you is obliged to sign up for a full 12 months and the landlord has no ability to force either of you to do so nor to choose to turf either of you out. Each of you has acquired security of tenure which, provided the rent is paid, cannot be disturbed for 3 years with limited exceptions. If you want to move in with your girlfriend, suggest that he moves out but you cannot force him.

cerastes

But signing a lease incurs no additional responsibility on the tenant, so knowing the law, why not sign it to give the agent/landlord the piece of mind they feel it gives them, dont put the housemate on the lease, just sign as if it were the two of you? no requirement for any to sign but him not being on it doesnt incur any penalty for anyone.
Maybe it might make hime consider he can leave easier though, but he cant expect his deposit or any of it back if you remain and another person doesnt replace him.
Agent may not allow that as that would really be subletting and would incur a different timeframe for part IV rights which kinda complicates things.
How about get someone else in, persuade the mate to leave? he cant have it both ways, as you need a secure co tenant, presumably he will still need accomodation? or is there a nearby lure? home/girlfriend?

Mrs OBumble

cerastes wrote: »

But signing a lease incurs no additional responsibility on the tenant,

It incurs a responsibility to pay for 12 months, or to find someone to re-assign the lease to if you want to leave before then.

salamanca22

Facts are he has part IV rights here, he is not obliged to sign the lease and can stay in the abode for up to 4 years barring a few situations where the landlord may ask him to leave.

You are complaining that he will not accommodate you but you are doing the exact same thing and not accommodating him. It's his home and he can stay if he wants.

TimeToShine

Wait a minute.

Are you trying to turf your friend out so you can move your girlfriend in on the basis that he can't sign a lease whereas she can? You can't do that.

cerastes

Mrs OBumble wrote: »

It incurs a responsibility to pay for 12 months, or to find someone to re-assign the lease to if you want to leave before then.

A tenant can give notice according to part 4, how does it incur a responsibility to pay for 12 months? I didnt see a mention of a fixed term lease? is that the case?

campingcarist

This is where the distinction between a fixed tern tenancy and a Part 4 tenancy has not been stated in a reply.

There are (or were) similar 'errors on the citizens Information website where they stated something, but it was only applicable to Part 4 tenancies but not to a fixed term tenancy.

It is often necessary to state to which type of tenancy a reply is being given.

Just my opinion.

Mrs OBumble

cerastes wrote: »

A tenant can give notice according to part 4, how does it incur a responsibility to pay for 12 months? I didnt see a mention of a fixed term lease? is that the case?

The OP says "I'm looking to renew for another 12 months. "

A_Sober_Paddy

My tenancy is fixed term 12 months