Lease for flat - HELP

[foyface]

I live in Scotland.
I have signed a 12 month lease on a flat. I have had to move out due to my flatmate being a complete nightmare. Is there ANY way that I can get out of paying the �300 per month that I signed up for. There is no one willing to move in with my flatmate to take over my part.
If I am held to my lease, what can the landlord do to enforce the lease?

thanks

[terambulan]

Have you consulted the landlord? He could sort out your flat-mate.

[foyface]

My flatmate and i are (well were) friends and workmates. I just cant stand to live with her any more. I moved out and back with my mum.

[terambulan]

Because you've fallen out with flat-mate the landlord suffers the loss of income?

Think about it......Y should the landlord be put out, and he can enforce your part of the lease.

[foyface]

Thanks for your help terambulan!
I need advice not to be criticised. I know fine well how bad a situation it is- I'm living it! I thought this was a site for answers not to be attacked! I must have that wrong.

[afcjan]

hello foyface

sorry to hear of your flatmate problems. I would suggest going to Citizens Advice Bureau they are pretty good at sorting things out.

good luck let me know how u get on x

[Ethel]

I'm sorry you don't like terambulan's answer but it is correct.

The landlord is in no way responsible for your decision to move out; you have signed a legally binding contract.

The landlord can take you to court for the monies owed - you will end up with a CCJ which will affect your credit rating.

I suggest you try and sort it out with your friend and get back in there.

[foyface]

I need someone to tell me what the landlord could do and explain it to me and not judge me for my decision to move out.
I know it's not the landlord's fault but I cant go on like this. I am 3 months into the lease.

[CheekyChops]

Ethel has explained what the Landlord can do... take you to court.

[Hazel104]

Right, firstly look at your contract and see if there is break clause, some Landlords do include them in fixed term contracts. Then talk to your Landlord, the tenancy is for a fixed period, but your Landlord does have a choice in letting you end the tenancy early with no penalties even if there is no break clause. My Landlord has just let me out 7 months early, I helped him find a new tenant etc everyone is now very happy and on good terms.

If the Landlord is unwilling to do this (and he is completely within in rights to say no) you are liable for the rent for the full term � however (in the England) the landlord can no just sit back and let the tenancy runs its course he has to take reasonable steps to find another tenant.

Have a look at the Shelter website, they give excellent advice.

http://scotland.shelter.org.uk/getadvice/advic e_topics/renting_rights/renting_from_a_private _landlord

[Ethel]

It is nearly impossible for the landlord to find another tenant in a shared tenancy - you can't expect the remaining tenant to bunk up with a total stranger without having any say.

[Hazel104]

Not really, there are loads of websites/papers that advertise shared flats/houses out there, it is quite normal in my experience, but this could be unique to London I suppose but don�t think so. I never suggested that the remaining tenant has no say, of course she does. But if he does take the OP to court the landlord will be asked what they have done to find a new tenant and if they have not done anything it MAY not go in their favour. Personally I do think the OP has handled this badly so would not blame the landlord being difficult at all.

[sandmaster]

This is a complete nightmare for you but I'm afraid you are stuck with it. The landlord can enforce the contract. But talk to him. He may be sympathetic - especially if he has other tenants asking for accommodation. He may be willing for you to find another tenant.

[Nosha123]

Foyface.. this is why people have CONTRACTS.... so there is a written agreement that is not to be broken without penalty... You should have given it much more serious thought about flat sharing and the possible outcome if you both fell out! Lesson learned I hope!
Terambulan is right too.. and not criticising... that is why the contract is in place... to protect people from those who try to break it. Why should he be faced with a drop in income and have to foot any shortfalls in the mortgage cos you have a change of heart!
bed and lying in it I'm afraid