Half rent paid

[churton]

Just airing a problem as a first time landlord and would be grateful for any replies. We had 2 females share our property (AST )for last 12 months. One gave us notice and left last month fully paid up rent etc. We didn't return her deposit as according to our letting agent the incoming new tenant should forward his deposit to her. The second wanted to stay on and indicated she was finding someone to share.
No rent was forthcoming from the remaining tenant on 10th of this month (due date) but after a couple of phone conversations she has sent us a cheque for her half. I can't understand why she cancelled her direct debit in the first place. She has not found another tenant yet. Our letting agent has told us she is now responsible for whole rent which we have told her.
Is she responsible for whole rent?
We can't give the departed tenant deposit back as we can't really inspect property can we?
We can't put another co-tenant in can we?
Our plan is to wait to see if the cheque is honoured and then serve a Section 21 notice

[Energise]

Did the other tenant leave before the expiry of fixed term or during a periodic term?

[Gigi]

Eeeeuuuww messy - will be interested in any answers to this

[churton]

The other tenant left at end of term,

[Energise]

When one tenant gives notice to end a tenancy in a joint tenancy that notice brings the tenancy to an end for all tenants (Hammersmith LBC v Monk 1992). It seems to me that by accepting rent you have now created a new tenancy with the remaining tenant, the terms of that tenancy will be what you agreed but without anything in writing that is always going to complicate things.

You should have done a property inspection at the end of the previous tenancy to see if there were any deductions to be made from departed tenants deposit and to establish the condition of the property for handing over to a new tenant to base any deposit deductions from any new tenant when they leave.

You should serve an S.21 but you do not have a written tenancy agreement for this tenancy so you will not be able to use the accelerated route

"according to our letting agent the incoming new tenant should forward his deposit to her" B*lls**t

[hopefully others will confirm or dispute some or all of my thoughts on the matter]

[churton]

Thanks for that info. What do you mean by accelerated route. S 21 gives tenant 2 months notice then if they have not vacated we can go to court which takes about 2 weeks - is that right.

[Energise]

Thanks for that info. What do you mean by accelerated route. S 21 gives tenant 2 months notice then if they have not vacated we can go to court which takes about 2 weeks - is that right.

See here
http://www.landlordzone.co.uk/legal/accelerated_possession.htm