Help & Advise - Tenant Owing

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    Help & Advise - Tenant Owing

    Morning,

    We are in need of some advise on the next steps!

    Background:
    I currently rent out a flat to two 'friends' and now ex-colleauges, they were originally on a 6 month agreement, which has continued on a 'rolling contract' for an additional 7/8 months.
    This is a single agreement, which their are two people signing for the whole flat shared.

    Tenant A: Perfect Tenant (always pays on time, deals professionally and proper) Family friend of ours who we can trust 100%

    Tenant B: All was going well, untill recently - He lost his job around 6 months ago (he did not tell us) - However he has paid (with help from his parents I guess, so it wasnt an issue). Last month he did not pay as expected (01/10/12) - We tried to chase with no luck (phone calls, txt messages as we have always dealt in the past)
    We still have not heard from him now for a whole month, nor has Tenant A.
    However Tenant A has told us he must have been back to the flat because post was opened and things moved etc.
    He is now ignoring us both.

    Both Tenants split all utility bills and council tax between them.
    Today 01/11/12 we have recived a phone call from Tennant A, He has recieved a letter from the council for unpaid council tax (9 months)which Tenant B said he was paying/ was paid! - This is a letter for Bailifs to enter and reposses belongings.

    Tenant A: Although he has paid his utily share (not written agreement with Tennant B) has agreed that he will pay the additional £1000 to get the baliffs out of the picture.
    Tenant B: Obviously knew this was happening as he has removed his valueable belongings and not told Tenant A about any of this.

    We beleive Tennant B to be hiding and ignoring us at his parents address.
    Hi Parents address was writting on our contract as a guarantor although nothing signed by them.

    So... Tenant B now owes us (landlords 2 months Rent £850) and Tennant A (£1000+ council tax)

    What are our next steps? obviously Tenant A and ourselfs just want him out of the flat, even if it is a loss to us.
    I'm pretty sure due to the situation Tennant B would be happy to sign a contract to forfit all rights and deposit to the flat and hand the keys back.

    Realistically what are our next steps?
    Should we try to visit his parents house?
    what contract can I get drawn up?

    Thanks

    #2
    I think you can start by asking the Tenant A to give notice to end the tenancy for both. Then you can grant him a sole tenancy, if so you wish.

    technically, you cant split liability between them and you should all know that when agreeing to the tenancy. If you claimed in court, it would have to be jointly against both of them and any costs would be on both of them.

    Following that, Tenant A can sue tenant B, against an implicit or explicit agreement to split the costs, but that is not up to you
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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