Single tenant leaving 3 person property

Exodus 1811

Hello all,

Can someone offer some advice here, as it is a bit confusing to me!

Tenant A: Has been in the property 6 years
Tenant B: Has been in the property 2.5 years - Assigned to lease from the previous tenant (Me)
Tenant C: Has been in the property 1.5 years - Assigned to lease from the previous tenant

Tenant C has decided to vacate the property by January 1st.

On January 30th we received a rent increase lease (4%) which has "Fixed Term Agreed - 30 Jan 2020 to 31 January 2020 (Clause 5 Schedule 2)". A month later in February, we were asked whether we would like to continue renting the property, as our part 4 tenancy had ended. We continued to live in the property until today. We never actually signed and returned, we just started paying the new rent.

With Tenant C moving, Tenant A/B would prefer to leave the property also.

• What is the minimum notice all three tenants have to give?
• If a notice period of varying amounts between the three tenants exists, is everyone liable for rent to the final date?
• Tenant C is looking for his deposit, this should come directly from the landlord, correct?

Thank you for the advice!

bonn95

All tenants currently living in the dwelling will be Part IV tenants. The part IV tenancy would have come from tenant A but tenants B and C would gain the same rights and obligations as tenant A 6 months after moving in. If tenant A moved in 6 years ago, all 3 tenants would now be in a Further Part IV tenancy since 2018. Notice only has to be given if all 3 tenants are leaving and this must be at least 84 days and in writing. The full amount of rent would have to be paid as usual whether there was one, two or three tenants left. The full deposit should be returned after the end of the tenancy subject to the usual requirements

Exodus 1811

bonn95 wrote: »

All tenants currently living in the dwelling will be Part IV tenants. The part IV tenancy would have come from tenant A but tenants B and C would gain the same rights and obligations as tenant A 6 months after moving in. If tenant A moved in 6 years ago, all 3 tenants would now be in a Further Part IV tenancy since 2018. Notice only has to be given if all 3 tenants are leaving and this must be at least 84 days and in writing. The full amount of rent would have to be paid as usual whether there was one, two or three tenants left. The full deposit should be returned after the end of the tenancy subject to the usual requirements

Surely there is a shared liability amongst the 3 tenants for the rent due?

In reading the above it would seem Tenant C doesn't have to give notice if leaving solo? Surely it would just be a race to the bottom then for the other two tenants as who ever is left is left with the burden of the 3person rent?

Dav010

If all three want to leave and the lease agreement makes all three joint and severely liable for the rent, A&B need to have a word with C and explain that 84 days notice is necessary to end the tenancy. The LL doesn’t have to hand back a deposit until the tenancy ends so C is going to have to wait until the notice period elapses. You don’t say when A&B plan to leave.

bonn95

Exodus 1811 wrote: »

Surely there is a shared liability amongst the 3 tenants for the rent due?

In reading the above it would seem Tenant C doesn't have to give notice if leaving solo? Surely it would just be a race to the bottom then for the other two tenants as who ever is left is left with the burden of the 3person rent?

That's exactly it in reality.