Landlord in Notts
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3 Posts
A 4 bed house was let at a PCM rent of £950 to 3 friends whom were already renting a smaller 3 bed house in the same area. NLA credit checks all came back OK and a tenancy agreement via an RLA format/template set up their tenancy for 1 year. During that 1 year one of the sharers moved on to buy their own property, this was all amicable with the three. And there had been no problems with the tenancy so permission was given to the remaining 2 sharers to find another 3rd sharer. They wished to do this on the understanding I would carry out due diligence regarding affordability for the new sharer and the right to rent check. The rent was kept the same at £950 PCM the 3 sharers had all been paying the same at £316.67 each per month. The 2 remaining sharers introduced their chosen 3rd sharer, whom was a Spanish national and working full time. The affordability and right to rent checks were all fine and so a change of sharer form was completed with the remaining sharers, the outgoing sharer and the new sharer all agreeing and signing this. The change of sharer was fine and the deposit was transferred between the outgoing and incoming and the deposit re registered all OK and the new sharer moved in on the monthly anniversary of the original tenancy so as to keep everything straight forward and clear. It was also agreed between the now 3 sharers that there would be a minimum period of at least 6 months to stay at the property and then they could review things after that 6 month initial term. I agreed to this as their landlord as I did not wish to have to keep ( if any future changes of sharers) spending time and effort on too many right to rent checks and affordability checks and so forth. HOWEVER, 3 months into the 6 month term the new sharer had dire news from Spain regarding a family members health whom was close to death. The sharer informed me as soon as she had the news that she would be leaving before the end of the 6 month term. She was clearly upset but was good about things and said she would pay the next moths share of rent that was due in a couple of weeks to help the remaining sharers find a replacement sharer in good time. I also held her 1/3 deposit so that seemed OK. I did feel sorry for her as she arranged a flight to go very quickly because of the dire news. HOWEVER, on talking with her during the check out of her room I w learnt that the 2 original sharers did not split the rent of £950 three equal ways. The new sharer was asked to pay £350 whilst the other two paid just £300 each so they were benefitting from the new sharer/change of sharer. They omitted to tell me this and led me to believe the split of rent would remain as before equal 3 ways. NOW, I have again given permission to the 2 original sharers to find a new sharer to introduce to the house. I will carry out the checks again as before. BUT and this is where I am asking advice the 2 original sharers have become awkward, they have told me that they should not have to find another sharer-why should they if the sharer left earlier and before the end of the agreed 6 months. I reminded them that the outgoing sharer had paid an extra months rent to allow time for a new sharer to be found. It was unfortunate she left early but was due to circumstances beyond her control, also that they introduced that sharer and should consider that, and also be more understanding. The 2 original sharers argue also that they should not have to pay the rent of £950 even though they choose not to find a replacement sharer. The words 'have your cake and eat it' come to mind here. I think I am due the £950 off the 2 original sharers if they refuse to make any effort to find a replacement sharer. I have offered to advertise for a third sharer for them at my own cost and they have refused. Where do I stand in respect to the question of the £950 for the whole house rent off these 2 now 'dig their heels and be bloody minded' sharers. I presume they are responsible for either paying the rent between them as they have the whole house, or finding another sharer to help pay the rent. I presume that if arrears build up by them paying 66% of the rent due then these arrears will first be paid off by each following months 66% rent being paid and this will in effect, mean late payments of rent giving me the option/opportunity therefore of serving a section 8 notice in time. I appreciate your formulated reply to this situation. Thank You.
