Joint tenancy - 1 tenant giving notice

[daisy]

Hi there - I'm hoping someone can give me clear advice on this - I have two tenants on a joint AST, which has now passed the 6 months so is continuing as a periodic (hope that's the right terminology!). One tenant rang up to say he wants to move out, but the other tenant is in America. (Actually the tenant says he and his girlfriend can't live with the 'other couple' anymore - when I only actually rented the house out to 2 men!) (I did suspect however that they had both moved their girlfriends in).

I am hoping that the other tenant will want to continue the tenancy with his girlfriend, but cannot clarify this until he returns next week. From looking back at previous posts it would seem that I should take notice on the whole tenancy from the tenant who has given it. In which case I would want to advertise now for new tenants, but not knowing whether the 2nd tenant would want to renew the tenancy.

Added complication is that I am going on holiday in 2 weeks, so if I take the notice period from last Sunday, when I spoke to the first tenant, then I will be away when the notice period ends!

Help!

As a ps what are the rules about deposit holding - if I take new tenants in April I presume I have to do something different now with the deposit?


Thanks

[Bel]

You are correct that the one tenant giving notice will end the tenancy for both. I think you should get him to write you proper notice as stated in your agreement, so you are sure. Then ask number 2 what his intentions are, now that notice has been give (if he doesn't know what the implications are) You may need to remind him if he stays with a new agreement on he is liable to pay all the rent.

Remember that if the other tenant does not quit the property after the notice expires, you cannot enter the property without permission until No. 2 surrenders the keys, or informs you he has moved out, or you get a court order for possession. Use 'Search' facility for other threads.

You are correct regarding deposit. Lots of threads on this.