One of the tenants walked out - in the 1st week

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    One of the tenants walked out - in the 1st week

    Hi

    I let a property out to a monther and daughter - gut feeling told me not too..

    Mother is on DSS (with her mother as a guarantor) , daughter is working. Rent is split 50 / 50

    Near 4 weeks in, mother has left the house and declared bankruptcy.


    Daughter can not afford to pay the mothers portion of the rent in the interim - she is looking at her boyfriend possibly moving in and contributing to half..

    where do i stand? what can i do? as she said the guarantor has refused to help...(i have only spoke to the daughter)

    Rent is due any day..

    #2
    Please answer the questions in the link below with exact dates.

    http://www.landlordzone.co.uk/forums...ll-new-posters

    Comment


      #3
      I'd split of rent defined in tenancy agreement? (Unwise...).
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by Mrs Mug View Post
        Please answer the questions in the link below with exact dates.

        http://www.landlordzone.co.uk/forums...ll-new-posters

        my bad

        property is in England
        AST - 2 tenants
        AST started 15/08/16
        6 Months
        rent is due on the 15th of every month
        deposit paid on the 15/08/16
        landloard does not live in the same house

        Comment


          #5
          Originally posted by theartfullodger View Post
          I'd split of rent defined in tenancy agreement? (Unwise...).
          unsure what you mean??

          the estate agent did the tenancy - mother is on DSS, and daughter is working.

          Do i have a solution for this?? as i cant really go back and change the agreement

          Comment


            #6
            Are the 2 occupants 'joint & severally liable'?
            So bankrupt occupant's mother is her G alone?
            What solution are you seeking?

            You could accept 50% of due rent from dau until end of fixed term & inform bankrupts G that they are resp for the outstanding rent at end of fixed term. Dau can vacate on last day of fixed term without Notice and provided her Mum is not in occupation at midnight, the T will legally end, at minimal cost to you. What you do then is up to you.

            Comment


              #7
              Tell daughter she is liable for full rent and then offer her a surrender. Re-let asap and dont rely on agents who have no interest in your property to find the tenants next time

              Comment


                #8
                Originally posted by DPT57 View Post
                Tell daughter she is liable for full rent and then offer her a surrender. Re-let asap and dont rely on agents who have no interest in your property to find the tenants next time
                they are both 50 50 for the rent..

                daughter said she cant afford to pay and does not want to be thrown out..

                mother said she will pay this months rent, then she is switching the benefits to her mothers house where she is moved to.

                can i chase the guarantor for the rent? as she has signed the papers to cover the mothers rent for the duration of the tenancy?



                How does a surrender work? as i was talking to the RLA, they said i can only offer a section 21..but will have to wait 2 months?

                Comment


                  #9
                  You can't serve s21 notice to expire before 15th February 2017.
                  Both tenants are liable to pay rent until the same date.

                  If the tenancy is joint and several, both tenants continue to be liable for the complete rent until both of them have moved out.

                  If you serve s8 notice (which you should do when 2 month's rent is owing), the council will note that the tenants have deliberately made themselves homeless, which is a problem for them.

                  The daughter and mother should ideally sign a deed of surrender and move out (which seems unlikely to happen).

                  Yes chase the guarantor for the missing rent and be prepared to sue both tenants and the guarantor.

                  You should be aware that the mother will have issues paying her mother rent from benefits.
                  As soon as they become aware who the "landlord" is they'll suspend them.

                  You sound unsure of what to do, and it might be worthwhile seeking professional assistance.
                  The legal fees you would pay may be less than the rent owing while you try and remove these tenants.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Just in case you are not sure,
                    joint & severally liable, is both names are on the one tenancy agreement.

                    If so, any one or both can pay the rent.
                    As the one who "says" thay are bankrupt, then the other pays all of the rent.

                    Sound like this was a deliberate attempt to get the daughter free accomodation.

                    Comment


                      #11
                      I am concerned about this 50/50 arrangement

                      Does the tenancy agreement say something like (a) or (b)

                      (a) The rent is £1000 per month; or
                      (b) The rent is £500 per person per month

                      I presume both mother and daughter are actually on the tenancy agreement?

                      On the Guarantee document, does it say something like

                      I, Mr Guarantor, agree to guarantee liabilities of Tenant Mother and Tenant - Daughter or does it just refer to the Tenant Mother?

                      Actually, thinking about it, if Daughter doesn't pay 100% then surely the guarantor would become liable due to Mums failure to pay (being j&s liability)

                      I am no expert in Bankruptcy laws, but surely that applies to debts at the time of bankruptcy but does not affect liabilities going forward?

                      Comment

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