PDA

View Full Version : one tenant leaving property. other two staying.



information
09-03-2009, 14:17 PM
i have 3 tenants and one has decided to leave. the other 2 are staying on in the property until the tenancy expires.

The tenancy is on a fixed term and expiring in august. The rent is due on the 18th of march. however the tenant has given one months notice from 2nd March expiring 2nd April.

Is the tenant that is leaving liable for the rent until 2nd April. or is it ok for her to leave on the rent day even though her notice has not expired.

thank you

jta
09-03-2009, 14:30 PM
They should be jointly and severally liable for the whole rent up until the end of the tenancy, that means if any one of them defaults, you can chase the others for it. If one tenant is leaving that would normally be a breach of the agreement by all of them.

information
09-03-2009, 14:50 PM
thank you for your reply.

this is my first ever query and slightly confused. i understand that they are all joint and severally liable for rent. however thought it was ok for any tenant to give one months notice to vacate.

the leaving tenant has advised that she will try and find a replacement but has advised that she is moving into her new property the day the rent is due on mine.

should she have given notice from 18th february - 18th march (18th is rent day)

notice was give from 2nd march - 2nd april. but leaving on 18th march.

does this mean that she should pay rent until 2nd april or until a replacement is found.

any advise appreciated

mind the gap
09-03-2009, 14:58 PM
thank you for your reply.

this is my first ever query and slightly confused. i understand that they are all joint and severally liable for rent. however thought it was ok for any tenant to give one months notice to vacate.

the leaving tenant has advised that she will try and find a replacement but has advised that she is moving into her new property the day the rent is due on mine.

should she have given notice from 18th february - 18th march (18th is rent day)

notice was give from 2nd march - 2nd april. but leaving on 18th march.

does this mean that she should pay rent until 2nd april or until a replacement is found.

any advise appreciated

She should not have given notice at all before the end of the fixed term and she is in breach of contract.

Assuming they have a joint tenancy agreement, I would inform all three that they are jointly and severally liable for the whole of the rent until August and that it is not OK for one of them just to give notice and move out. It would be irregular enought is this were to happen once the tenancy had become periodic, but to do it within the fixed term is nonsense. She signed a legally binding contract jointly to be responsible for rent and bills for the whole of the fixed term. She cannot just walk away!

I think she - or more accurately, all three between them - should continue to pay the full rent until a replacement for her is found. You could also charge her an admin fee for producing a new tenancy agreement with the new person's name on it.

information
09-03-2009, 15:24 PM
so is it fair to say that the leaving tenant is liable for the rent until a replacement is found

mind the gap
09-03-2009, 15:55 PM
so is it fair to say that the leaving tenant is liable for the rent until a replacement is found

You have not confirmed whether or not it is a joint tenancy agreement (ie all three names on same contract), but asssuming that it is, then no, it is not fair to say that.

It is fair to say that all three tenants are jointly responsible for the whole rent until August. If the remaining two decide to pay 'flitter's' 'share', then so be it. If she decides (unlikely!) to pay all of it (ie her own and theirs!) herself, so be it. It is their problem, not yours.

But they need to be aware (and so do you, it seems!) that each of the three, or all three together, can be sued for any shortfall in the rent between now and August.

information
09-03-2009, 16:16 PM
thanks again. I am now clear that they are all responsible for the rent and all three can be sued for non payment
I will advise the tenants that it is in their best interests to find a replacement as soon as possible
your advice is much appreciated