Eviting Tenant right OR adding New tenant to contract. HELP!

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    Eviting Tenant right OR adding New tenant to contract. HELP!

    Hello,

    I live in a 5 bedroom house which was origionally signed as joint contract for 4 tenants. We are all working professionals with respectable jobs.

    One of the tenants for the past 6 months has never paid rent on time and struggles to even get that to the bills account. Often having one of the other tenants paying for him until he has borrow the money.

    In Dec we gave him a warning we would find a replacement. January rent was then almost missed and payment to the landlord was late.

    Since then- we have asked him to leave for several reasons (leaving house unlocked, cleanliness, disruption, and of course missed payments) He agreed and said he found somewhere else to go, and that he would stay on the contact until Sept when we'll give his deposit back.

    Problem is he wants to be off the contract and deposit back now but we have missed the break clause date. We had a break clause to be made by January 11th for March 11th.

    Is this possible??


    Second problem is that the 5th bedroom was sub-let to a friend in need in November which we all agreed to him staying and dividing costs. We are happy for him to be signed on to the tenacy agreement but the Problem Tenant is now saying he will use the fact we all sub-letted to a friend against us.

    Not sure how to get around this one. No one wants the Problem Tenant to live there, including himself but not sure how to break the contract to sign on the New Tenant so everyone is happy??

    Sorry if this is long winded or confusing. I am happy to break it up into parts.

    #2
    It's not possible for some joint tenants to terminate one or more of their number's rights.
    There is but ONE Letting Agreement. Either it continues (in full) or it ends (in full- either by the action of L [in certain cases] or the action of T [ditto: unanimous unless the fixed term has ended]).

    Next problem: in what numerical order position, as shown on the Letting Agreement, is the offender?


    You've missed the break clause date, too.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I know this is the problem that it is now significantly after Jan 11th. We agreed before that date that he would move out and we would return his deposit in September (after damages that he has incurred)

      However he has now changed his mind and wants to break the clause to take back his deposit.

      He is 3rd out of 4 on the Letting agreement.

      Comment


        #4
        Originally posted by elleson View Post
        I know this is the problem that it is now significantly after Jan 11th. We agreed before that date that he would move out and we would return his deposit in September (after damages that he has incurred)

        However he has now changed his mind and wants to break the clause to take back his deposit.

        He is 3rd out of 4 on the Letting agreement.
        The letting is for a fixed term still running. The offender (T3) is one of the four individuals as joint tenants. You/he are lumbered with each other for the rest of the term UNLESS you/he can persuade L to agree to:
        a. termination of this letting; and
        b. synchronised re-letting to T1/T2/T4 + another.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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