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terminatin of the 12 mounths tenancy after 2 months


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Hi I have 12 months tenancy with my joint tenants 2 couples. After living for two months together it appeared that it isn't working out. One couple who seems to be very reasonable and who brought all the problems to my attention would love to stay by themselves and pay full price which is absolutely fine by me and even better. also I do not want them to stay together either if it brings problems . The other couple who seems to couse all the problems , said to them that they will not move out . However it is highly unlikely that they would be able to pay full price if the first couple moves out . I want these second couple to move out , how can I do it legally. I was thinking on terminating the contract with all of them on the bases that their living together is not peaceful ( there also been a fight with the guest , which I think I can prove by neighbors if necessary) . and then sign up new contract with the first couple. If i give them a two months notice , would it be Ok Any advice will be welcome.

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Hi TanD,

A fixed term contract is a fixed term contract! Neither party have the legal right to terminate early unless EVERYONE is in agreement (which they are clearly not).

I would assume that your tenancy makes all tenants "jointly and serverally liable" which means that if the "good couple" move out .... the "bad couple" ... will be legally liable for all of the rent. However - if they are unable or unwilling to pay then you will need to take Court action to recover your lost rent (and property).

What would I do in the circumstances that you describe? I would call a "Council of War". I would arrange a meeting with ALL TENANTS at the property. I would sit down and discuss all the allegations and counter-allegations. I would listen to what everyone has got to say. I would tnen ask the tenants how they propose to move forward.

If the "good tenants" say they are leaving then you need to be telling the "bad tenants" that they will need to pay all the rent and, if they default, you will sue them in the Small Claims Court.

Then offer a solution .... for everyone to end the tenancy early ... and walk away. You can agree to refund the deposit monies in full .... in exchange for getting your property back.

Once you have got vacant possession ... you can then decide whether it is a good option to create a new tenancy with the "good tenants" ... or whether it would be more prudent to start with new people altogether. I would not make that decision until ALL TENANTS have left.

Hope that helps .....


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