We have recently become involved in a matter where the issue of which tenants have given notice on behalf of which tenants has become problematic.
We have been instructed by Landlords who have let accommodation to three tenants. The tenancy agreement is on the basis that the tenants are jointly and severally liable for the rent.
One of the tenants has given notice to the Landlords. The notice is stated as being on behalf of all of the tenants. The Landlords have found new tenants and everything seemed to be fine.
The Landlords have now instructed us because just 1 week before the new tenants are due to move in they have found out that one of the three tenants did not actually intend to leave and therefore did not give Notice and does not agree that the person who gave Notice on her behalf had her permission to do so. This has understandably caused our clients enormous stress.
Luckily any potential liability to the new tenants has been avoided as a result of swift action but the outgoing tenants remain liable for the rent even though they no longer live there because the contract is still in place and they are jointly and severally liable for all rent payments.
The correspondence in this matter has been lengthy and the legal costs have been relatively high. This is a situation that could have been easily avoided.
We therefore advise that any Landlord accepting notice where he/she has a number of tenants in the property make sure that they receive written notice from each of the tenants or notice from one tenant but signed by each of the tenants to ensure that each tenant is aware that they are giving notice and they are leaving on the agreed date.
If you would like advice on this or any other issues regarding the Landlord and Tenant matters, please do not hesitate to contact the litigation department in our Peacehaven office on 01273 582271 or email@example.com