Theoretical rental query

motorman99

Hi all, thanks in advance for all advice 
this has never happened to me, but it might……
I rent out a house to 4 students for the year, joint and several type contract. 

During the year, 3 of them say they will be leaving at the end of the years tenancy.
however 1 does not want to leave 

question

does the remaining one have to leave?
or does the tenancy carry on despite 3 out of 4 leaving?
if the tenancy carries on who is liable for the rent?
or does something else happen?

like I said, never yet happened to me,  but it might. 

_Penny_Dreadful

motorman99 said:

Hi all, thanks in advance for all advice 
this has never happened to me, but it might……
I rent out a house to 4 students for the year, joint and several type contract. 

During the year, 3 of them say they will be leaving at the end of the years tenancy.
however 1 does not want to leave 

question

does the remaining one have to leave?
or does the tenancy carry on despite 3 out of 4 leaving?
if the tenancy carries on who is liable for the rent?
or does something else happen?

like I said, never yet happened to me,  but it might. 

Assuming this is in England then the tenancy would continue on a periodic basis until one of them served valid notice.  All would have joint and several liability until the tenancy is ended.

motorman99

Thanks
but Let’s take it that 3 out of the 4 didserve valid notice that they were ending their tenancy at the end of the contract…..but the 4th one didn’t and wants to stay on ?

theartfullodger

Wot penny said .

Training in being a landlord etc is usually cheaper than the alternative (as I know to my cost)

motorman99

Thanks artful…..so be be clear, the 4th one could stay on if they wanted to, the other 3 could leave having served valid notice that they were doing so, and all 4 would still be liable for the rent?

theartfullodger

Not necessarily, if ANY joint tenant serves valid NTQ during periodic then tenancy ends on it's expiry for all.  A legal nitemare...

'umbly suggest some training.

motorman99

Ahh. Thank you 
I actually am an experienced landlord, do everything properly, gas, elec safety, referencing, guarantors where needed etc and always look after my tenants….you have to.

Was just a query in case it ever happened 

saajan_12

motorman99 said:

Thanks artful…..so be be clear, the 4th one could stay on if they wanted to, the other 3 could leave having served valid notice that they were doing so, and all 4 would still be liable for the rent?

No, that's not what penny said. 
If 1 (or 2 or 3) of them served proper notice, then the entire tenancy would end of the expiry date specified. 
Upto the tenancy end date, all 4 are j&s liable for rent, condition, etc. 
After the tenancy end date, if anyone is still left, then the tenants as a group haven't complied with the tenancy ending and they are all j&s liable for the resulting costs, whether you claim for  double rent, costs to remove them etc. 

_Penny_Dreadful

motorman99 said:

Thanks
but Let’s take it that 3 out of the 4 didserve valid notice that they were ending their tenancy at the end of the contract…..but the 4th one didn’t and wants to stay on ?

My understanding is that a tenant cannot serve notice to coincide with the en of the fixed term.  Being a fixed term it requires no notice but if the joint tenants do not vacate the property by the end of the fixed term a periodic tenancy, for all 4 of them, will automatically start the day following the end of the fixed term.

Let's say the tenancy has become periodic and one of the tenants serves valid notice.  That ends the tenancy for everyone however, if any of the tenants stay beyond the notice period you will still need a court order to legally evict whomever remains in the property.  The good news is that you are entitled to a sum of money equivalent to double the rent.  I think you need to be careful not to call it rent though.

Robbo66

motorman99 said:

Thanks artful…..so be be clear, the 4th one could stay on if they wanted to, the other 3 could leave having served valid notice that they were doing so, and all 4 would still be liable for the rent?

If they are all name on the same tenancy agreement then it is joint and several, if one tenant serves notice it will apply to all. in your case 3 have served notice so it applies to all, you can of course do a new tenancy for the remaining tenant but then that person would be liable for the full rent. If however all 3 leave and he doesn't and there is no new tenancy agreement in place then the 3 that have vacated would still be liable for the rent along with the 4th person until all have vacated