One tenant moving out

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    One tenant moving out

    I have a potential situation arising where a one of the three tenants in a property I am letting is due to move out. He is currently 3 weeks behind in paying his final months rent (I beleive he assumes that the deposit will pay for this).

    The other 2 tenants still want to stay there and have only just started looking for a new flatmate. I am worried that they will not find a new flatmate in time to cover his rent. As the tenancy is in all of their names but only he has given me notice, who will be responsible for making up the rest of the rent if no new flat mate is found in time??

    Please can anyone offer any suggestions to avoid this happening in future.

    #2
    If they are on a joint tenancy, then the remaining two are responsible for any shortfall in rent.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #3
      With a joint tenancy if one person hands in their notice the tenancy will come to an end for all tenants and a new tenancy agreement will need to be entered into with the tenants that want to stay .

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        #4
        Many thanks for the replies guys,

        What does anyone recommend about chasing the payment for the final month? In my tenancy agreement it says that I can charge 4% above base rate in interest for payments later than 14 days. As I am new to this I was wondering if I should just let this go, but then again I might have to deduct some from the deposit. Any suggestions??

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          #5
          Small claims court: www.moneyclaim.gov.uk
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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            #6
            Needs clarity

            Is this a joint tenancy? (sounds like it). If so there are two options for you:
            1) the tenancy is continuing. Thus the remaining tenants continue to be liable for the full rent and can be chased for the departing tenants arears. As the tenancy is not ending, no deposit needs to be returned. The departing tenant will have to negotiate with his house-mates for them to give him his share of the deposit (which they will not do as they have to make up his rent arears!) You continue to hold the full deposit till the tenancy ends
            2) tenant 1 has given notice to terminate, so as Energise says, the tenancy ends. The other 2 tenants will also need to leave, unless you create a new back-to-back tenancy with them, but you'll need to be careful about making sure the rent arears/depost for the 'ending' tenancy are sorted out before starting the new one.

            Alternatively, if each tenant has a separate agreement (is this a HMO?) then you deal with them each separately!

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              #7
              Many thanks for the replies, it is a joint tenancy. The latest is that I received a call and was asked by one of the staying tenants if they could bring someone in mid month and whether it was ok to miss 2 weeks rent . I think I have been too nice in the past I am learning more as a go along though. I said that this was not acceptable and they need to find a comprimise between themselves.

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