AST one tenant has moved out early

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  • AST one tenant has moved out early

    Hello

    I have rented my flat to two people under a joint AST. I gave them their 2 month s21 notice to move out when the tenancy ends in early May.

    However one of the tenants did a 'midnight flip' and has moved out without telling me.

    I have his deposit and this will cover his rent for the next month (march).
    My problem is that the remaining tenant has said that he will only pay his half of the rent and he is entitled to stay until the s21 ends in may.

    i have told the remaining tenant that after march i will be out pocket and if he wants to stay for the last month he has to pay the full rent.
    When the first tenant moved out this remaining tenant saw him moving his stuff but didnt bother to phone me (i live 10 mins away from the flat).

    my question is can i ask the remaining tenant to pay the full rent for the last month? or is there any way i can ask him to leave earlier? (they were on a 6 month AST that ends in May)

    Thanks in advance for your helps

  • #2
    Even though one tenant has physically left the building, they both remain jointly and severally liable for the rent and I would be explaining that to them both. Maybe the one left behind would like to vacate earlier if he realises this then you can get the flat back out onto the market asap.

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    • #3
      You would actually be doing him a favour if you let him leave the tenancy early; he is bound by the agreement to pay all rent for the fixed period, or until you you re-let the property. You could always suggest he gets a lodger for the remainder of the term, to help with the expense.
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      • #4
        Originally posted by Bel View Post
        You would actually be doing him a favour if you let him leave the tenancy early; he is bound by the agreement to pay all rent for the fixed period, or until you you re-let the property. You could always suggest he gets a lodger for the remainder of the term, to help with the expense.
        Agreed! Had the very same thing happen. The remaining tenant agreed to pay the whole rent and did a deal with the other tenant. The other tenant gave him his car in return for paying the whole rent.
        ASSUME NOTHING - QUESTION EVERYTHING!

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        • #5
          Hi
          sorry but from you are all saying - if i cant get hold of the first tenant that has left w/o giving notice (he may have left the country even, he goes abroad alot) then is the remaining tenant then LEGALLY responsible to pay the full rent and the bills for his remaining stay at the property?

          Have i interpreted your responses correctly?

          Thank you

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          • #6
            Yes, the remaining tenant is legally responsible to pay the full rent and the bills for his remaining stay at the property.

            Comment


            • #7
              Hi I am new to this Forum and have never posted to a forum before so hope i get it right.
              I have a problem similar to the above and i hope someone can give me some advice on how i can proceed.

              I took on two tenants in July - i thought they were a couple but later worked out they were friends, and they had a room each in a 2bed flat.
              They moved in on 14th July but wanted to pay at the end of each month so I agreed and they made one small payment of rent at the end of July.
              Tenant A would pay Tenant B his share of rent each month and Tenant B was meant to pay the rent from her account, but never did keep this up.
              Since end July no payment of rent was received. We gave a Section 8 notice and this resulted in a payment plan on 19 Oct of £250 per week till arrears were made up (rent was £700pcm). Only two payments were made by Tenant B - one for £250 and one for £220. Tenant A then made one payment of £360 (his share of the £700 rent (so he was not quite keeping to a payment plan)).
              Tenant B missed the next 2 weeks payments and then left the flat without warning (due to "family emergency"). She says she doesnt know when she is coming back! and has suggested Tenant A gets another flatmate.
              Tenant A is offering to pay the full rent from now on - but is not happy to pay the arrears which amount to around £1,000. And Tenant B has some possessions in the flat which she says she will move out at some time - and i have found she gave some false information on her application so i really dont have a way of catching up with her - and Tenant A says he cant help either.
              Can anyone suggest how i can proceed from here. There is a deposit of £700 that was paid. And Tenant A seems to have been paying his rent all along - only not to me.

              Comment


              • #8
                Did you let:
                a. the whole property to them both (jointly); or
                b. part to each?
                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.
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