Tenancy Law

[sistermag]

I have a question regarding tenancy laws. I currently live in a house on a joint tenancy with a tenancy agreement for one year- there is currently 9 months of the agreement left. One of our housemates has decided to move out after a silly argument (the other 2 of us asked to implement a cleaning rota as we are sick of picking up after her). She has told us she will be moving out, and has given us one months notice. My question is, can she do this?!! Her name is on the tenancy agreement, so surely she is liable for it. Having spoken to the letting agents, her leaving will force us to end the tenancy and we have to give a minimum of 2 months notice to do this. They have told her (helpfully) that she can, and that WE will have to reimburse her deposit to her, and then claim the full amount from them when we leave. We are already upset enough about being forced to leave, let alone having to stump up her share of rent for 2 months and pay her deposit. I just wondered if anyone had any info on our rights? My opinion is, it's her decision to go, she should at least be liable to pay her share of rent during the 2 month notice period? However, this goes from a joint account and she has not paid her share in this month (as she is saying she paid a month upfront when we moved in) Again, can she do this? Any info would be greatly recieved, thank you.

[Peter Pedant]

If you have a joint tenancy ( and it sounds as tho you do ) then each party as a result of the jointure is liable for the whole debt.

so at the end of all this each of you should have paid a third. You should be able to agree on that one. So REALLY it is a question of cash flow.Once she agrees that costs should in the long term be a third then you can follow up with "fine - that means you cant behave in a way that causes us loss and not yourself"

Is the tenancy agreement the only document you have or have you all agreed another one between yourselves?
You could point out for a start that she has taken advice from her landlord how to end a tenancy and he understandably has given advice which will ensure his rent and unity of the deposit and as such may not be accurate.

You could ask her which part of the tenancy agreement is she relying on to give one months notice to you ? otherwise it is two. and yes as a joint tenant she is liable for all the terms. I cant imagine she will agree with that one having dealt with a lot of tenants

You should make sure she cant withdraw 'her' money from the joint account.

For the deposit - I would say - do we hold your deposit or does the landlord ( answer the landlord) well you are gonna have to wait as we will, for the deposit to be returned from him. - however it looks as tho she is already planning to off-set the deposit against her notional rent.

messy - it is not a question of what money but more when money.

I bet you will start quarreling about damage and deposits and when it was done and "it wasnt done by me but after I left, so I'm not gonna pay"

so basically it is about cash-flow
and the leavers attitude is gonna be ' I am not gonna have cash-flow probelms, you are "

I dont do joint tenancies but have a lead holder and say the lead holder is reliable for all costs and the others can go hang. The other thing for your next tenancy is to agree a break-up procedure - it is obvious that you and your frenz need one.

Difficult - sorry it has gone tots up like this

You will notice there isnt much law in this but a lot of
lets try to be sensible and get out of this with minimum but equal loss.

[lcg]

yes she can - and the two of you left are liable for any/all costs and rent as a result. tough......but never, ever move into a shared house again. i wouldn't!

[themas]

You must not rely on what the letting agents have told you about the deposit. It is (or should be) held in a scheme and will be returned when the tenancy is ended (less any amount which is kept back for damage etc., & for unpaid rent). You must not pay any deposit to this person when she leaves.

The legal position is that each of you joint tenants is fully liable for the whole of the rent so whatever rent this person does not pay will either be taken from the deposit (including your share of it) or you will have to pay it.

Your only means of trying to get back money owed by the person leaving is to demand it from her and then issue a County Court claim if she doesn't pay.