Rental Contracts

[cupotee2]

Can anyone help with property rental agreements,please

A rental agreement was set up by 2 persons in 2011, renewed and signed again 2012. 2013 a contract wasn't sent just a verbal agreement. To follow the story I'll call then persons 1 and 2.

Person 1 notified the landlord they were moving 3 months ago leaving the tenancy to person 2.

Person 2 hasn't paid any rent since, so letters are being sent to person 1,who moved out, for arrears, even tho they aren't living there.

A solicitor has told person 1,they are responsible for these arrears.

This isn't totally unexpected.

Contract [verbal] ends next month, so does anyone know if Person 1 will still be responsible until no.2 moves out or gets evicted, however long it may take.

Solicitor said, no.1 will be. Break ups are notoriously messy, sigh...

[buildersmate]

You don't say whether the tenancy was signed by person 1 and the landlord, or persons 1 and 2 jointly with the landlord. It matters and I suspect the latter. If so, the landlord can probably pursue both persons for the arrears. Person 1 should have terminated the tenancy in writing. Full stop. It was then up to person 2 to initiate a new tenancy in one name.

[cupotee2]

Thanks Buildersmate. I did say it was set up by two people.

I also said person 1 notified the landlord, but prob not clear enough. So yes No 1 did write to the landlord and has again written to say they will honour the debt even they haven't lived there for 3 months.

Person 2 isn't working, and hadn't contributed to the rent since moving in 2011.

They paid a deposit of a months rent, so hopefully any legal expenses to get person 2 out if they don't pay up this money can be used.

There are some rotten r-soles about....person 2 being one of them.

[buildersmate]

OK but I don't reckon one person can just inform the landlord that they are off and person 2 takes over. You have to stop the whole tenancy and restart it with one person. Previous renewals verbally or whatever don't matter either as these type of tenancies just roll over on the same terms until one party formally terminates it.

[cupotee2]

Hopefully thats what will happen when the present contract is up next month.
No. 1 has written informing the landlord of there intention to close the contract. If Person 2 wants to continue they will have to negotiate a new contract and start paying the rent, to convince the landlord they will be good a good tenant.

Thanks Buildersmate

[themas]

This is from Shelter's website:

"Notice

If you have a periodic tenancy (which means that the original fixed-term has ended and your tenancy runs from week to week or month to month), you have to give one month's notice in writing, or longer if you pay your rent less often. The notice should end on the first or last day of the period of a tenancy. Once the notice ends, your tenancy ends and you no longer have any right to live in your home.

If you have a fixed-term tenancy (ie for one year) you will only be able to give notice during the fixed-term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says.

It's possible to leave on the day your tenancy ends without giving any notice, but this is not usually advisable. It is best to give your landlord notice if you can, especially if you have paid a deposit and need it back."

It does not say whether a valid notice can be given by one tenant when the tenancy is joint but - like BM - I believe it can be. However, you can check this by ringing Shelter's Helpline.

Person 1 needs to make sure their notice to the landlord gives at least the necessary one month & terminates at the right time. He/she also needs to make absolutely sure that the landlord has received and accepted the notice.

The deposit should have been protected in a scheme & should be returned to the tenants unless needed by the landlord for justifiable costs connected with the tenancy. If person 2 does not leave & Court action is needed to evict him/her & rent remains unpaid then the costs will clearly exceed the amount of the deposit by a considerable figure. It could be that person 1 will be held liable for these costs as well as person 2 (because vacant possession has not been given at the end of the tenancy) but this would seem to conflict with person 1's ability to give notice unilaterally. Nonetheless, it would be worthwhile confirming the position with Shelter. If it all gets too complicated & the landlord demands significant sums from person 1 a housing law solicitor may be needed.