We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Joint tenancy in fixed term - one tenant vacated without notice
Leven
Posts: 96 Forumite
Hello,
I am hoping that an experienced Landlord or property expert who has knowledge of this situation can help.
The situation is that 4 months into a 6 month fixed term joint AST (England), I have just been informed by joint tenant 1 that joint tenant 2 has already left and that tenant 1 has already found a replacement (tenant 3). I think tenant 3 may have already moved into the property.
This has all taken place without any sort of notice to the Landlord and has been presented as a 'fait accompli'. (I have no idea as to whether tenant 3 is suitable or desireable, but appreciate that there is probably not much I can do about this.)
Considering that this was/is a joint tenancy, both tenants 1 and 2 are jointly liable for any costs incurred by the breach of the contract by tenant 2.
I foresee the cost incurred consisting of:
a) appointing the letting agent to draw up a new joint AST
b) arranging for existing tenant 1 and new tenant 3 to sign the new joint AST
c) releasing the existing deposit (*with a deduction for costs incurred) to tenants 1 and 2
d) collecting and protecting a new deposit from tenats 1 and 3.
All of points a) to d) being undertaken simultaneously.
*The letting agent fee for undertaking the above would be deducted from the original deposit of tenant 1 and 2.
Please can anyone with relevant experience confirm that the plan outlined above is the correct way to go about this and whether I have missed anything?
Thank you in advance for any help.
I am hoping that an experienced Landlord or property expert who has knowledge of this situation can help.
The situation is that 4 months into a 6 month fixed term joint AST (England), I have just been informed by joint tenant 1 that joint tenant 2 has already left and that tenant 1 has already found a replacement (tenant 3). I think tenant 3 may have already moved into the property.
This has all taken place without any sort of notice to the Landlord and has been presented as a 'fait accompli'. (I have no idea as to whether tenant 3 is suitable or desireable, but appreciate that there is probably not much I can do about this.)
Considering that this was/is a joint tenancy, both tenants 1 and 2 are jointly liable for any costs incurred by the breach of the contract by tenant 2.
I foresee the cost incurred consisting of:
a) appointing the letting agent to draw up a new joint AST
b) arranging for existing tenant 1 and new tenant 3 to sign the new joint AST
c) releasing the existing deposit (*with a deduction for costs incurred) to tenants 1 and 2
d) collecting and protecting a new deposit from tenats 1 and 3.
All of points a) to d) being undertaken simultaneously.
*The letting agent fee for undertaking the above would be deducted from the original deposit of tenant 1 and 2.
Please can anyone with relevant experience confirm that the plan outlined above is the correct way to go about this and whether I have missed anything?
Thank you in advance for any help.
0
Comments
-
You could issue a Section 21 to start the eviction process and then find new tenants who won't go chopping and changing all the time.
Edit: If you decide to keep the tenants then you've missed out referencing Tenant 3.0 -
"tenant 3" is not a tenant at the moment. If he has moved in he is at most a guest or lodger of tenants 1 and 2.
I would start by issuing a section 21 notice in the names of tenant 1 and 2, and to send a formal letter to tenant 1 and 2 highlighting the situation above.
Then, if you agree to make 'tenant' 3 an actual tenant you should follow your normal referencing procedure.
Before doing so, I would try to contact tenant 2 in order to have him confirm that he wants to surrender the existing fixed term tenancy (a joint-tenancy can only be surrendered if all joint-tenant agrees).0 -
As JJ said.
There doesn't seem to be a breach of contract. Rent still being paid.
Tenant 1 has got a lodger. That's basically it.
Certainly any lawsuit for breach would fail. ( with the info provided)0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards