Queen Victoria

Registered with Property118.com
Saturday 26th April 2014


Latest Comments

Total Number of Property118 Comments: 6

Queen Victoria

10:44 AM, 1st October 2016
About 3 years ago

One student wants to leave a joint tenancy and rent not received?

Just a note to thank those who left comments and to let you know that the situation has been amicably settled. One of the remaining tenants had a friend who wanted to move in so this is what has happened. The old tenancy has been terminated by agreement and new one started. I have also set up a new deposit guarantee.

A couple of remaining questions that will help me (and perhaps others) if this situation occurs again:

Could I have used a 'deed of assignment' rather than a new tenancy? If so, what are there pros and cons?

If I did have to resort to law to claim unpaid rent could I have brought the action against the one tenant who did not pay her share or would the action have to be taken against all named on the tenancy (remember it is a single tenancy?

Thanks, Nick... Read More

Queen Victoria

13:16 PM, 24th September 2016
About 3 years ago

One student wants to leave a joint tenancy and rent not received?

Yvonne

I am advertising via Accomm for Students and SpareRoom and also in other places. I am hopeful that we will find a replacement but from what you say of Oxford we are in a different kind of market here. A few weeks ago we filled a room in another house and although we were successful the glut of freshers that usually come forward in August just was not there and we filled it with the only applicant we had - good house, good room, reasonable rent too.

I am trying anticipate how to deal with this in the event that we don't find a replacement which is why I am asking the question. I appreciate that the termly rent adds a complication but the problem would still be present if the money was coming in monthly.

Suppose this was you and you were receiving 3/4 of your rent and couldn't get the other room let how would you move forward in terms of enforcing the contract? The scenario is that there are 4 people on a single contract with joint and several liability, one has left but is in touch and the other 3 are paying the portions agreed between them but you are 1/4 short each month.

Nick... Read More

Queen Victoria

9:44 AM, 24th September 2016
About 3 years ago

One student wants to leave a joint tenancy and rent not received?

Thank you all for your thoughtful responses.

The suggestion to look for PhD students is a good one - I’ll follow that up - and I am grateful for comments on guarantors next time around etc. Of course I will do all I can to resolve the situation through consensual means by helping the group find a new housemate and then offering a replacement tenancy etc. and I am still hopeful that we might be able to do that. What I am trying to prepare for though is the scenario where attempts to find a housemate fail, the girls’ relationship deteriorates further, co-operation ceases and I am left having to pursue one or all of them for the outstanding rent.

I understand that I can hold the remaining 3 liable for the whole rent (and the tenants tell me they understand it too), I also understand that I can pursue the 4th girl for her rent even though she is not physically in residence but what I am trying to figure out is how and when I might do it. At what point would I issue proceedings, for example, if it came to that? Let's say the remaining 3 give me 4 months rent each in the 2nd month (Oct) of the contacted 12 (Sept 16 – Aug 17), which is what they plan to do, but the 4th girl gives me nothing then they won't technically be in arrears until month 4 will they (i.e. I will have 3/4 of the 4 months rent)? Then if they pay again in Jan they will be back in credit until the end of Feb so it is not until they make their April payment that the arrears start to really catch up with them. Should I be holding off taking formal action until the end of the tenancy on that basis? Do I need to bring an action against them all as a group or against each of the 4 individually or can I choose to only take action against the 4th girl only? It is this mechanism that I am looking for advice on. I guess someone else has tackled this before and may know the best way to go.

By way of background I have 4 student houses which I have been letting for 15 years with no more than the usual problems. I’m not a rookie and have taken a view on guarantors etc. which I am comfortable with but have never really understood how to deal with this problem where one of the group default and it cannot be solved by agreement. It is a new situation for me but one I have been aware might happen

Nick... Read More

Queen Victoria

9:21 AM, 30th May 2015
About 4 years ago

Sheltered housing (independent living) and subletting.

Simon. I have no expert opinion to offer but it does read as you say it reads as far as i can see. My only other observation is that I would presume that the term 'landlord' refers not to you but to the leasor therefore you will require their 'reasonable opiniion'.... Read More

Queen Victoria

6:38 AM, 3rd March 2015
About 4 years ago

Furniture left in house by tenant and now asking for it back !

Reply to the comment left by "brian clement" at "03/03/2015 - 01:26":

Brian. 1973 ! Congratulations, that is a long time in the business. Yes I agree with you. Your advice on maintaining a professional distance is sound, I think. My only argument was on the small point, because that is how you set the first comment out, on forms of address. I don't think a formal Mr and Mrs is necessary after the first meeting, not in this day and age. We used to call our boss Mr or Mrs didn't we and generally this is not the form of address in the workplace nowadays. But on the point of not confusing the relationship and mixing being friendly up with being friends, I am with you 100%. I wish you many more happy years of landlording - if that this what you wish for yourself of course. QVic.... Read More