One Tenant Leaving A Joint Periodic Tenancy - Advice Please

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M
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Hi there,

We have four tenants in a flat that signed a joint AST that is now a periodic tenancy. One tenant has just given one month notice to move out, because she wants to move in with her boyfriend. There is no ill feeling causing her to move and it's a happy rental situation, she is just moving on for positive reasons.

We are relatively inexperienced Landlords - we have two flats that we've only ever rented to the same groups of tenants, so we've never had to deal with this situation.

We are not using agents and we want to know the best way of handling this and who is responsible for finding a new tenant - them or us? We're happy to do the work of finding the new tenant but don't want to impose someone they don't want. And equally we do not want to be left with an unpaid void.

I'm assuming the best course of action is to point out that she is in a joint tenancy and that she is not ending on behalf of everyone else because the other three girls wish to stay. Therefore they have the joint responsibility to find the new tenant or pay the full rent until they do.

If she was ending the whole tenancy agreement (which I don't think she is), then we would be responsible for finding new tenants, but they would all have to agree to leave at the same time.

Presumably then we could deal with deposits and amend the existing agreement (or draw up a new joint periodic tenancy) with the new names on?

Does this sound fair? Sensible? and legally right?

Many thanks

Ed Kellie



29/07/2013 20:06

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