Joint tenancy obligations for lad that has had to quit?

Joint tenancy obligations for lad that has had to quit?

9:46 AM, 8th December 2021, About 2 years ago 26

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The Basic scenario is: HMO joint tenancy, five tenants. On a fixed element for first 12 months. Then break clause kicks in at one-month notice upon renewal of the next contract due July 22.

One poor lad (tenant) has had to quit university for his mental health, and he’s one of the joint parties. My understanding is that he (we? Including the agent) has two options.
1) Find an alternative tenant
2) Continue to pay the difference for the sake of the other tenants.

Needless to say, option 1 is the best and always open for the sake of the tenants. However, is he legally obliged to continue to pay the remaining the 7 months’ rent (I think so legally)?

What happens if he refuses?

Can hardly blame him if he goes down this route, it’s a lot of money, and I’m sure his guarantor won’t want to do this?

Would the onus be on the remaining tenants to pursue him for the outstanding rent, or myself as landlord and or the agent?

I had his mum on the phone in bits at the prospect of him paying £400 a month until July for nothing, effectively. I’ve sought legal advice from my conveyance, of course. Just wanted to test the water with you guys for insights of maybe the best ways to proceed.

I feel bad, and I am asking if this was your child, how would you play it?
Thx

Lloyd


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Comments

Ian Narbeth

13:22 PM, 8th December 2021, About 2 years ago

Reply to the comment left by Seething Landlord at 08/12/2021 - 13:15
As I said the departing tenant remains liable to the landlord even if the four others purport to release him. Both landlord and all other tenants have to release him for him to be truly released.

Seething Landlord

13:40 PM, 8th December 2021, About 2 years ago

Reply to the comment left by Ian Narbeth at 08/12/2021 - 13:22
That is entirely consistent with what I said. My comments were in response to the proposition that the landlord could unilaterally release one of the tenants from the contract. I have not suggested that the tenants could release one of their number from his responsibility to pay the rent to the landlord.

Ian Narbeth

14:07 PM, 8th December 2021, About 2 years ago

Reply to the comment left by Martin Thomas at 08/12/2021 - 12:33
Martin, you may be right. The problem with the TFA is that if the tenants query the charge the landlord is on a hiding to nothing. At best he will have to spend hours to justify his case and will never recover his costs. At worst he may be found to have taken a few pounds too much and can then be fined for taking a "prohibited payment".

Ian Narbeth

14:19 PM, 8th December 2021, About 2 years ago

Reply to the comment left by Seething Landlord at 08/12/2021 - 13:40We may be at cross-purposes. You wrote: "Only the four remaining tenants would be in a position to release him from paying his share of the overall rent." That is what I said was wrong. It needs both landlord and the other tenants to release the departing tenant. If you meant that they could do so after the landlord has released him we are in agreement though as I mentioned earlier, this is not a good idea.

Yvonne Francis

15:22 PM, 8th December 2021, About 2 years ago

Why on earth are you arguing over releasing a tenant from his obligations? The whole glory of a joint and severally liable lease is that the whole rent has to be paid even if any leave. It would be madness for any landlord to even consider this. If the tenants in the house understood this, they, and the absent tenant would be only too eager to find a replacement. Problem solved.

Seething Landlord

17:58 PM, 8th December 2021, About 2 years ago

Reply to the comment left by Ian Narbeth at 08/12/2021 - 14:19
Yes that is exactly what I meant. Glad we are in agreement.

Lloyd

11:28 AM, 9th December 2021, About 2 years ago

Reply to the comment left by Simon M at 08/12/2021 - 12:45
Thx Simon. good advice. problem for the mum in this scenario is that she has no resources / savings etc. 🙁

Lloyd

15:12 PM, 9th December 2021, About 2 years ago

Reply to the comment left by Yvonne Francis at 08/12/2021 - 15:22
Thx Yvonne. yeh i know. i would rather have all parties consent. but i could let the fella go and the others would have to meet their joint / severally liable aspect iof the contract. that would concentrate minds on getting new tenant in. thx again

Lloyd

15:14 PM, 9th December 2021, About 2 years ago

Reply to the comment left by Seething Landlord at 08/12/2021 - 17:58
Thx. I love the seething landlord tag 🙂

Yvonne Francis

15:30 PM, 9th December 2021, About 2 years ago

Reply to the comment left by Lloyd at 09/12/2021 - 15:12
Believe me, I've been through this scenario lots of times. It's better having five people involved than four. You are wasting your time even thinking about it. If this guarantor lacks capital then why did you accept her? All my guarantors have to be house owners, and have to be traced on the Land Register, and I work out the value of their home. Not perfect I know as they could be mortgaged up to the chimney tops but some help.

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