One of three tenants wants to leave early- OK?

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  • One of three tenants wants to leave early- OK?

    hello people..

    I have dilemma that is a bit Sudden!
    I would Really Appreciate any help and advice as im still fairly new as a landlord and its all still a bit scarey!!

    I had a group of 3 tenants started on 4th Oct 2004 for a years tenancy. I took a months rent in advance and a months deposit each on start of tenancy. Names and addresses and mobile numbers.

    Ive had no problems with them really and vice versa.

    However I just heard (from one of the tenants) that tenant number 1. wants to leave suddenly (he has not notified me yet and today is the Wed 16th Feb 05) and that tenant number 2 MAY want to leave shortly after too. I will go and see them tomorrow to confirm this. He will probably tell me this. I think!

    However, in the mean time.


    1) What are my rights exactly and what would you suggest I do??

    2) I know that I should have 1 months notice.
    What if he DOES NOT give me a full months notice, and wants to leave earlier than that? (can I explain that it is a breach of contract and sort this out from the deposit? How much of the deposit?

    3) His next rent payment is due on 4th March. If he DOES give me a months notice tomorrow ( Thur 17th Feb) that would make the leaving date 17th March ?
    Is that right?
    He has to be out on that day?

    4) His next payment would be 4th March for that whole month. But should he only pay for the next two weeks, of that month (from 4th March till 17th March). Being the 2 weeks that he stays, (assuming he leaves on 17th March)?

    5) I know I have to make sure all bills , council tax etc.. are covered.. (Do I ring up the suppliers and query this)? Any cleaning costs have to be covered.
    Do I then forward any deposit remaining to him with in a month? (contract didn’t specify how long after I would)!

    6) What if he says he will not pay the outstanding amount for the Council Tax ? Do I take this from the deposit also?

    7) Obviously since the tenancy said that all were responsible even if one wants to leave, that others would have to make up the difference.
    Does this mean that the last person would have to make up this big difference with her payments in addition?! (That seems a bit harsh and unfair)! How could I handle that?

    Please help with any information as it would be really useful and I want to do it all right, not wrong, for either him /them or myself.

    Many thanks in advance, as i know you all help if you can.
    T.M.

  • #2
    It's the usual question with some essential detail missing.
    1. Did you issue 1 AST or 3 separate ones? It appears to be the former.
    2. Did it/they all commence/move in on the same day 4 October?
    3. Are there any break clauses in the agreement[s] that permit early termination by individual tenants - if so what are they?
    4. Does each tenant have access to all of the property
    5. Am I right in assuming they are joint and severally liable?
    6. You do have to allow tenants to be replaced but it's their responsibility to do so at their own cost and must be acceptable to you. You too must make every endeavour to find a replacement[s] but in the meantime they are still responsible for the rent. If "joint & severally" then the remaining tenant must pay all of the rent.


    Please be clear and concise in your posting going through it step by step and give any other information that might help you get the right reply. Remember a complete question gets a better answer.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      It's the usual question with only half the detail provided.

      Did you issue 1 AST or 3 separate ones?
      Did it/they all commence on the same day?
      Are there any break clauses in the agreement[s] that permit early termination - if so what are they?
      Does each tenant have access to all of the property?

      Please be clear and concise in your posting going through it step by step and give any other information that might help you get the right reply. Remember half a question won't even get half an answer.
      Thanks Paul_F. Youre right, in my worry i have left out important information. Sorry.
      ok..
      1 No the 1 yr AST was on one contract (all names on one contract) for all 3 members.

      2. Yes all started the same day. 4th Oct.

      3. The clause is as follows...
      1.15 All obligations under this agreement are joint and several (i.e. each Tenant assumes full responsibility). Any of the Tenants, who want to leave the premises during the tenancy, will be responsible for finding a replacement and for notifying the Landlord of any proposed arrangement before it is finalised. (See not 1.21). In this situation, the original Tenants remain separately liable for the whole rent. A replacement Tenant must have been mutually agreed and the new Tenant will then be taken to have assumed the rights and obligations of the Tenant replaced for the remainder of the term granted, as if named as an original Tenant.

      4. Each tenant had access to all the property yes, as the lounge bathroom and kitchen was shared.

      Does this help!?
      Thanks again.
      T.M

      Comment


      • #4
        I've just edited my reply so I think the answer is now in there.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


        • #5
          Still need clarification please..thanks..

          ok thanks PAUL_F.

          CAn i just clarify please.

          Yes it stated that each tenant assumes full responsibility if any others leave before the end of the agreed tenancy.
          So what happens if she (last person remaning of the 3) says that she cant pay for all the sum of her own and the other 2/3? tenants (that left) That its not her fault? Where do i stand?


          What if the person leaving does not even attempt to find a new tenant as a replacement, ( i know i will be trying also) ?
          And also just leaves without one months notice, (if he wants to move out immediatley, if he has not already done so that is!)? Do i keep the deposit?

          Comment


          • #6
            Still need help!Sorry but Urgent!!

            Thanks for your help Paul_F but im still a bit confused as to what i can and cant do. Thanks for your patience for my naive confusion!

            As in my original post, i have a few questions there that i still dont know the answers to. would really be gratefull if anyone could advise me on them.

            in addition...
            What if the tenant wants to leave immediately (before the end of agreed date on tenancy) ?
            Do i keep the deposit? How much? all?


            What if the last remaining member (1 of the original 3 that all started same time for same period of 1 yr) says that even though the tenancy says "all are severally responsible if one or more should leave before the end.etc......she says that thats impossible for her to cover their rent too.!? What are my options? How do i go about it?

            What if he does not contribute to any arrears for bills , counci tax, cleaning etc..Does it come out of his deposit also?

            Thanks so much in advance.

            Comment


            • #7
              Tenant leaving early..My rights?!

              Any help on this is appreciated please. THanks also Paul_f, its just that im still confused! I did reply to your last reply.
              Still need clarification to my last reply.
              Many thanks everyone.

              Comment

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