Tenant’s rights after second joint tenant moved out?Make Text Bigger
Please shine some light on the following scenario: 2 strangers were renting out 2-bed flat on a joint AST at £1800 per month. The AST expired on 15 May 19 so my understanding is that it would then turn into the Statutory Periodic tenancy agreement.
Due to Covid-19 one of the tenants moved out on June 24th and the landlord returned both tenants the full deposit.
The remaining tenant was allowed by the landlord to pay half of the original rent (£900) in July 20, while the tenant was looking for a flatmate.
Finding a second tenant proved difficult – there was some interest on Spareroom and some viewings, but general feedback was that the rent is too high in the current climate. The landlord is not accepting that position and asking the remaining tenant to pay the full rent of £1800, which the remaining tenant started doing from August.
The current situation is that the remaining tenant would like to stay in the flat, but cannot afford to pay the full rent, only her portion of £900.
I have few questions:
– Has the AST actually ended? Bearing in mind that the full deposit was returned; one of the parties on the AST is no longer occupying the flat and no new agreement has been signed.?
– Can the landlord serve any notice to the remaining tenant and on what grounds? Bearing in mind that the rent is being paid, although the tenant communicated quite clearly in writing that she won’t be able to pay the full amount from September, but is happy to pay her share of rent?
– Is the remaining tenant responsible for the full rent of £1800, despite the fact that there is no formal current agreement between her and the landlord?
– What’s the best way forward in this impasse?
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