One student wants to leave a joint tenancy and rent not received?Make Text Bigger
Four students share a house that I have let to them under a joint tenancy on a fixed term which ends in August 2017. There is a proper tenancy agreement and the deposit is guaranteed in compliance with the law. There are no guarantors to the tenancy. The tenancy agreement shows a monthly rent due on the 1st of each month. The tenants have agreed between themselves to split this equally between them and I have agreed to accept the rent on a termly basis (i.e. 4 months rent in each of Oct, Jan, April) to coincide with their student finance.
Within days of the tenancy commencing the students have fallen out with each other and as a result one of them has effectively moved back home leaving the remaining three to carry on the tenancy. I am in touch with her and her parents and with the other tenants and relations are reasonably cordial at this stage. The tenants are adamant that there is no way back for the relationship and the girl and her family say she will not be moving back in. All parties are willing to accept a replacement tenant but at this stage in the year – term has now started – the chances of finding someone are probably not strong. I have advertised as have the tenants via social media/word of mouth etc and we are awaiting any interest.
I have asked the girl to continue to pay her portion of the rent which she has agreed to do but it is yet to arrive. The other tenants tell me that they understand the concept of joint and several liability, but as students I doubt their ability to cover much more than their own portion of the rent.
I am looking for advice on how to proceed tactically to ensure that I do not lose too much/any rent. At what stage, assuming that things drag on, should I take action, what action should I take and against whom?
Thanks in advance for your advice.
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