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View Full Version : Tenants Leaving Early.! ..HELP!!



T.M.
16-02-2005, 22:23 PM
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Hi everyone. sorry if i seem to keep repeating this.im not sure if im sending it through or wat! i dont seem to have any replies and really need the help!

My group of 3 tenants all moved in same day (4th oct 2004) for a yrs contract. All on one contract. Severally liable.

Now one (maybe two) wants to leave early..like Friday 18th Feb 05 !! (contract was till 4th oct 2005).
No notice was given, except i found out today, Wednesday 2 days before!

So basically..if a tenant does not see through his / her agreed full years contract then suddenly wants to leave early...WITH NO notice either!

1 . Does this mean he /she is in Breach of contract and i keep the full deposit?
OR do they still have the option of giving me a months notice to receive deposit back?
How does it work?!

2 . Contract also does say that they are responsible (as i am) to find new replacement (with LL agreement also) tenants. Does this have to be before he left?

3 . As i mentioned in my earlier thread, the contract did mention that all were severally responsible if any of them left early.....therefore...what are my options if the remaining person refuses to pay extra rent along with their normal monthly amount??.

Sorry for sounding so naive about it all but just want to do it correctly and its a bit confusing!
Thank u in advance people.

Paul_f
17-02-2005, 12:39 PM
Your only effective redress is to take out a summons in the small claims court against any or all of your tenants especially if you're lucky to have a forwarding address. You should incidentally issue a summons against all three if there is a shortfall. The one remaining is unlikely to stay if you're demanding rent [quite legally I might add, but do it in wiriting and DON'T harass her].

If you referenced them all properly beforehand you should have this in place and you should also have guarantors for all three as well!

In the absence of this you'll just have to put it down to experience of being a naive landlord - there's plenty out there who constantly fall into this type of trap!

You won't make the same mistake twice - will you?

T.M.
17-02-2005, 13:19 PM
Thanks Paul_F
thats very usefull and youre right, it is about being a naive landlord, but am fairly new to it! But yes wont make that mistake again.!
I see how to address it.
Thanks again..was getting really worried about it!
T.m