General (main property discussion here) - Tanncy and Rent Advice Please

Hi all

Can someone please advise me. My situation is that I rented out my flat about 5 months ago on a 12 month AST to two people as joint tenants. I accepted a month's deposit and rent was being paid in advance. However, since then one of tenants had to leave the country but temporarlily. Since she left two months ago, she has been paying her share of the rent until this month when i haven't recieved anything. The other tenant has continued to pay her share.

As it is joint tenancy is the remaining tenant responsible for the entire rent? If not what can i do about this situation?

Help would be gartefully recieved.

Thanks Mohammed

Hi Mohammed

Either tenant is wholely responsible for rent due, as you can only contact one of the tenants it is her responsibility to pay rent in full. I would be putting pressure on tenant to pay up or move out as you are now in a bad situation now and you need to nip it in the bud quickly

Derek

Thanks for the advice.

Mohammed

This will actually depend on what your tenancy agreement says. The key term here is "joint and several liability" ie they are jointly liable for the terms & conditions of lease such as paying the rent and they are also individually liable.

Without such or similar clause you may find getting the shortfall back from the one who has paid difficult but you can always demand it!

I would say evict and start again. Its simple and less of a pain than trying to win a battle that in the end you will not win... People run away, hide, agree to pay you back £1 a week for ever etc.... And all that after YOU pay to go to court...

I have been in much the same situation and I found that a small loss in the begining is worth it. In the final analysis, the law is only going to be on your side when you pay for the privilage with fees etc...

Best wishes with this and let us know how it turns out.

Regards, Malik

Hi

Is there any website where I can download Shorthild Tennancy forms please

Nick

You can get forms from the NLA website (http://www.landlords.org.uk/).

I would suggest that you join one of the many associations as they all support the landlord.

Regards, Malik