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house share - one moves out?

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badgerchops | 16:34 Mon 11th Dec 2006 | Law
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If there are 3 people in a house share, each with no contracts with the landlord, and one person moves out is it my responsibility to ensure a third tenant moves in? i.e advertise, interview, offer, obtain deposit.

again, no contracts for any tenants

thanks

what would happen if we didnt fill that room, do we notify the landlord that 'have been unable to fill' etc
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I am a landlord with 13 properties and I was wondering why you don't have a contract ! If you had a "household" contract ie all your names on the same contract then it is up to you to fill the empty room, as you are renting the whole house and not individual rooms so you are obliged to pay the whole rent whether the house is full or not. If you have separate contracts then you are only liable to pay the amount stated on your contract. This is either the whole weekly/monthly amount for the house or per room amount. But I would strongly advise you getting a contract asap to protect yourself. Good luck.
if you 3 arranged to seek out and rent together because you are friends then yes its up to you - but it you are only flatmates because the landlord separately offered you a room, then its up to him.
Can you please explain what you mean by "no contracts". Do you mean there is nothing in writing? If so, you do still have a contract - albeit a verbal one.

What was agreed with the landlord when you moved in? Did each of you agree separately to pay �X rent each month? Or did the 3 of you agree together to pay the whole rent for the house?

I agree with Bertie - you should get a written contract asap.
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Everyone moved in at individual times and all have individual 'contracts'. Someone who lived there 2 yrs ago amended their contract for the next person, and it went down the line, but the landlord has never met any of us and never given us a contract. crazy i know.

It is a months notice in theory per 'room'. i therefore believe that we are not liable for all the house. we are not friends who moved in and took a tenancy together
Tenancy agreements are usually for 12 months so if yours was amended 2 years ago you should probably check the dates.
From what you say, I assume each of you pays your own rent separately direct to the landlord (or his agent if there is one), and that each of you paid your own deposit to the landlord.

If that is the case, it does not seem to be your responsibility to do anything about getting someone to replace the person who has left. That person should have given the necessary notice to the landlord (probably one month to expire on a rent day) and it is then down to the landlord to re-let the room. If the person did not give notice, the landlord could chase them for outstanding rent.

I suggest you make sure the landlord is aware that the person has gone.

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