Help! . Two tenants want to leave my HMO 6 weeks into their AST .

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Paul F L
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Hi all,

I have a HMO with 6 tenants. I have previously had one tenant who lived in the house for 12 years. He has now left and i have found out he has set up his own HMO and is a live in Landlord.

He left about 3 weeks ago.

I had two new tenants a girls and a guy. One who entered at the middle of OCT and one who entered on the 17th of November.

These two new tenants got on very well with the tenant who i had for 12 years and left to set up his new HMO.

Both have now asked to leave for various reasons and both want to leave on the 28th of Dec. (i think they are moving in with the tenant i had for 12 years he has his own property and renting out rooms)

  1. A girl has said someone has gone into her room and stolen £12 and her credit card and so she does not want to live there no more. She also states that someone has been using her food and washing stuff.

Rent is paid by all the tenants on the 30th of the month for the following month. However She did not pay Decembers rent on 30 November. She also had trouble finding the money to pay the deposit and first pro-rata months rent . She had to borrow funds off her mother. I did get her referenced through the rla.

Because she did not pay her rent i did send her a text saying ( i will happily allow you to find alternative accommodation, To make it easier can you find somewhere by 22nd December please).

At the time i was concerned she was not going to pay her rent and use her deposit which is one months rent to cover December and i wanted a little left for any problems with the room.

I wrote her a letter about non payment and the fact the contract charges a £30 for late payments and me sending her a letter. It mentioned nothing about leaving .

The guy paid he rent 30th Nov .

I am happy for them both to go so long as i can find replacement tenants but the accommodation is in a quiet village in staffordshire so might not happen so quick. It might take until end or Jan beginning of Feb.

My Question is where do i stand legally. Has she left on her own will and is she still responsible for the term of the contract (AST 6 months) or by saying can you leave by 22nd did i tell her to go and agree to let her terminate it at that date.

The reason is that she sent me a text saying she has paid her pro-rata rent until the 21st of December and the £30 fee. (She paid that today and she would of got her letter today).

Do i have to return her deposit in full. By saying i will allow her to find alternative accomodation and can she do that by the 22nd of Dec have i agreed that legally ? or is she still liable for the full term of the contract. I have used the RLA Deposit guard room contracts.

I was hoping that i could find alternative tenants . If someone came in 1st of Jan then i would refund pro-rata every penny from the date the new person took over the rooms. ?

Same question for the guy is she liable for the 6 months ?

Any advise please ? Can i keep her deposit until i find someone or have i indavertently agreed to return it and let her end her contract.

He i have let know will be responsible for the contract.

I believe by the way they are moving in with my old lodger who lived in my property for 12 years or he has poached them. Which is life. He got on with them and wants to live with them they want to live with him. But it shouldnt allow them out of the contract that easy.

Help please.

07/12/2018 15:36

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