Tenants clashing with each other and subletting?

by Readers Question

10:36 AM, 22nd March 2016
About 3 years ago

Tenants clashing with each other and subletting?

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Tenants clashing with each other and subletting?

We have a tenanted property which is fixed for 12 months (Yes, bad move), with a single AST of 4 individuals.clashing

We have had problems more or less after the 1st Month when one of the tenants was not happy about the actions of the others. We tried to keep the peace, but it kept flaring up.

We allowed that tenant to depart on the grounds they sourced a replacement. We spoke to the replacement and forewarned him of the up comings in the house, but he said “he can manage them”.

Two months down the line he is contacting us that he has a skin condition is bad and he wants to leave because of the humidity dampness in his room. (he is the only working individual – he is to pay council tax with one other tenant (part-time student) as the other two are full time students). We supplied a dehumidifier and inspected his room and obviously no signs of damp anywhere as the property was only refurbished 18 months prior.

Then another of the original Tenants could no longer live there and their excuse was difficulty of paying council tax plus rent, and that of the two of the original tenants (but we suspect one particular tenant). In the end we said OK, as long as you find a replacement.

Again we spoke to the tenants about the bad rap that they are portraying and they even tried to justify their actions.

We offered them a chance to surrender the AST but they declined.

So the next replacement was contacted and forewarned and he said as he is a student studying the same as the other that is should be fine. Well here is comes, he can’t bear the other tenants mind you one of them (our trouble maker so we suspect) as the 4th tenant (original tenant) has never been present in the property, because she is living with her BF since he moved in and someone else is utilising her room.

OK, here we have a breach of the AST – What is the Easiest way to end the tenancy as there is about 5 months left for it to run…

I guess we can start serving a Section 21 as we are now nearing 7 months into the AST but is there any other way of forcing them to surrender the tenancy sooner?

They are all jointly liable in respects to the rent, but what’s to say they will not put in a replacement as it seems they might already be subletting a room by the sounds of it – but we have no real proof.

Any ideas appreciated.

Thanks

Don



Comments

Neil Patterson

10:39 AM, 22nd March 2016
About 3 years ago

Hi Don,

I am sorry this has turned out a bit of a pickle and we have some very experienced readers that can hopefully give you some great advice.

However if you do get stuck and need professional help please see our tenant eviction page >> http://evicting-tenants.net/

Gary Dully

13:54 PM, 22nd March 2016
About 3 years ago

Hello Don,

How far are you prepared to go?
You may have to pay towards moving expenses, to obtain a surrender.
Your 12 month fixed term is the problem, but you know that already.

Is there a guarantor anywhere in the mix?

Option 1.

If so, threaten to sue their pants off in court, for breach of contract, property damage, obtaining a tenancy by misrepresentation or fraud and breach by subletting unless they can get the troublesome tenants to reassess their need to stay the full term.
(Guarantor pressure can be quite persuasive)
I don't know the circumstances, so obviously make sure the grounds meet the breach.

Option 2. Offer to help with the troublesome tenants 'moving expenses' for those that want to leave and an automatic default rent increase for those that stay to make payment of the total rent that is due. (Say £250 max to help move)
Tell them that you won't allow a sublet, because your mortgage provider won't allow it anymore and that they all will still be liable for the rent till the end of the fixed term, unless they all quit or the troublemaker does.

Option 3. Issue a section 8 notice for breach of tenancy, whilst explaining that in 2 weeks time you will be instigating court proceedings against all people on the AST, thanks to a Terry F*uckwit they are protecting and if you are successful, they will all have a CCJ against their credit file.

If that doesn't convince them, it's time for a section 8 notice, maybe grounds 10, 11 and 12 for the breach, but they are all discretionary, by the time of possession the fixed term will have ended probably anyway.

Other than that you are sunk, the only certain way is via section 21.
If you replace a tenant, consider individual AST's until the next batch give you enough confidence to offer another single AST (6 months).

Just make sure you don't harass them.

Robert Mellors

21:24 PM, 22nd March 2016
About 3 years ago

If it is a joint tenancy, but one or more tenants wish to leave, then surely the tenant that wants to leave simply gives the contractually required Notice and the AST for everyone comes to an end at the end of that Notice period? Following the end of the Notice period, there is no longer a tenancy and none of them have any right to remain there. - I believe that in this situation, as there is no longer a tenancy, there is also no protection provided by the Protection from Eviction Act so they can be evicted without a court order (but do check this with a specialist solicitor).

Don Malaga

13:29 PM, 23rd March 2016
About 3 years ago

Thanks for the feedback.

I think we have decided to let them argue it out amongst themselves as there is not much we can do due the the 12 month fix term. We will serve the Sec21 in a month or two.

Thanks for the input above and possible options.

Gary Dully

10:41 AM, 25th March 2016
About 3 years ago

Reply to the comment left by "Don Malaga" at "23/03/2016 - 13:29":

So will you make the leaving tenants pay for the void, until you get a new tenant?

Or will you wait for the tenant that can't leave complain to the council about their health issues?


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