viviens Posted March 23, 2014 Report Share Posted March 23, 2014 Hello, Shared house, 3 names on contract. One (A) gave notice 10th March ending tenancy. Should be two months notice but wants to leave end April. 2nd ( tenant gives notice also wants to leave end April. Tenant C does not want to leave. Noisy late night party yesterday (A and C and approx 30 others), some damage to house. B moves out - taking belongings and not wishing to pay April rent. Contact says no noise after 11.00 etc. Real damage to carpet etc. What can I do? Many thanks Viviens Link to comment Share on other sites More sharing options...
Richlist Posted March 23, 2014 Report Share Posted March 23, 2014 What can I do? For the future:- 1. Don't do a house share. 2. Be VERY, VERY selective who you let your property to. 3. Don't let to young people....e.g. I don't do under 25's. 4. Get a home owning guarantor. 5. Get rent guarantee insurance. 6. Ensure you have a professional inventory. 7. Ensure you have complied with all of the legal requirements of letting. Link to comment Share on other sites More sharing options...
viviens Posted March 24, 2014 Author Report Share Posted March 24, 2014 Thank you. But how do I get rid of them now? Link to comment Share on other sites More sharing options...
Richlist Posted March 24, 2014 Report Share Posted March 24, 2014 If they are all on one tenancy agreement, if one leaves, that ends the whole tenancy agreement for everyone. Remember tenants can leave whenever they like, landlords can't force them to stay in the property against their will. However, they are still liable for rent up to the end of their notice period......which is 2 months ending on a rent day. If you want to terminate a tenancy you need to serve a section 21 notice. All this assumes you are in England or Wales, have let on Assured Shorthold Tenancy Agreement(s) & have complied with deposit protection requirements. Link to comment Share on other sites More sharing options...
Mortitia Posted March 24, 2014 Report Share Posted March 24, 2014 There is no short way to get rid but make sure you remove all tenants permanently via Section 21and start again. Is there a deposit, it is protected and has the 'prescribed information' been issued? Deposit protection will affect the validity of Section 21 notice. What is the rent due date? Do any tenants have guarantors? Go and take pics immediately- lots of them of damage. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 24, 2014 Report Share Posted March 24, 2014 To clarify a couple of points, that assume you are not sharing the accommodation in any way. Your T's are legislated to a notice period of 1 month minimum, this must end on the last day of a tenancy period. It is the LL that is bound by 2 months notice. Your T's may naff off as they please but they are all jointly and individually liable for the tenancy until it is surrendered at the end of a notice period in a correct manner. that is vacant and empty. Take the offensive against the one that is most capable of paying and let him take the issue to the other two. As said if you want them all out, aside from the one that you take the offensive against feasibly causing this for you, a section 21 or section 8 notice are your only 'legal' options. The section 8 is likely faster especially with the damage you have suffered, it is however more often up to the discretion of the judge, a lottery. The section 21, if all conditions for it's use are met is a mandatory repossession, a judge can only give discretion to the period before bailiffs might be called on i.e. before it's actually yours again. Usually 14 days after the hearing but a possible max of 42 (unlikely here i'd say). Separate the two issues, repossession first, recovery of losses second. You are likely to confuse yourself more if you try to resolve all together. Link to comment Share on other sites More sharing options...
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