clb37 Posted August 3, 2006 Report Share Posted August 3, 2006 I have a group of tenants who signed their tenancy agreement back in june. Now one of them no longer wishes to take up their tenancy (which does not actually begin until September). Is the agreement still enforcable as it does not actually begin until Sept? The others have said they won't pay her share. I do have a guarantor agreement for all of the tenants. Advice welcome Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted August 3, 2006 Report Share Posted August 3, 2006 IF THE AST IS ALREADY SIGNED AND DATED THEN IT IS LEGALLY BINDING AND IT DOESNT MATTER THAT ONE HAS PULLED OUT AND YOU CANT GET HOLD OF THEM. THE OTHERS ARE LEGALLY REPONSABLE FOR THE WHOLE RENT. I WOULD TELL THE GUARENTOR WHATS HAPPENED AND EXPLAINE THAT ANY SHORTFALL OF RENT DUE AND YOU WILL BE CHASING THEM FOR IT. THEN LEAVE IT FOR A COUPLE OF DAYS AND IT WOULDNT SUPPRISE ME IF THE PROBLEM GETS SOLVED BY THE TENTANTS THEM SELVES. Link to comment Share on other sites More sharing options...
guildofresidentiallandlords Posted August 5, 2006 Report Share Posted August 5, 2006 I would entirely agree with the last reply. s149(2) Law of Property Act 1925 states: "(2) As from the commencement of this Act all terms of years absolute shall, whether the interest is created before or after such commencement, be capable of taking effect at law or in equity, according to the estate interest or powers of the grantor, from the date fixed for commencement of the term, without actual entry." Notice the very important words "without actual entry". This means it commences even if they do not take the keys. They are therefore (as the last post states) all liable for the rent. Hope this helps Adrian Thompson Guild of Residential Landlords Link to comment Share on other sites More sharing options...
Trenners Posted August 8, 2006 Report Share Posted August 8, 2006 Hi, It is all very well arguing the legal aspects of this question - but the fact remains that the third tenant wants to get out of the tenancy agreement and the other two tenants don't want to pay. Given that the tenancy agreement doesn't even start - from a practical rather than a legal perspective - until September - my advice is to put all of your efforts into finding a replacement tenant before September 1st and simply release the third tenant from their obligations once a replacement has been found. If you have made every effort to find a replacement tenant (and fail) then you can at least have a sensible conversation with the 3rd guarantor explaining you have tried to find a replacement (at very short notice) and failed and are now seeking recompense from them - UNTIL you can find a replacement. In my experience, it is always better to find a pragmatic solution to a problem than threaten legal action. Good Luck with your search ... Mark Link to comment Share on other sites More sharing options...
Melboy Posted August 8, 2006 Report Share Posted August 8, 2006 I agree with Trenners. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.