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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a housing tenancy issue in London. 4 of us are on the

Resolved Question:

I have a housing tenancy issue in London. 4 of us are on the lease and 2 flatmates told us on the day that rent was due that they are leaving, that they are not paying this month's rent.. that it should be taken from the deposit they made initially. They said they are going to stay this month and then leave. THis leaves me and my husband to come up with the full rent, which we can barely do but we will figure out somehow. I need to know how to communicate this to our landlord. Will them leaving nullify the lease? Will a new lease need to be created? There was no break clause in this lease and there is 6 months left on the term.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the 2 flat mates are on the tenancy at all and whether or not you had any written agreement with them for rent if not ?

Customer:

Hi Alex, the 2 flatmates that want to leave are on the tenancy, yes.

Alex Watts :

Ok - then they would be in breach of contract.

Alex Watts :

If you had to pay extra rent you could sue them for loss and damage.

Alex Watts :

They are required to stay for the remaining term of the contract

Alex Watts :

The Landlord and you could sue them

Alex Watts :

If they leave and they are named and you are not then the contract ends

Alex Watts :

If you are named on the lease and they leave, in theory you are responsible for the full rent

Alex Watts :

But either way you or the landlord or both could sue for breach of contract

Alex Watts :

They have a contract and they have 6 months left.

Alex Watts :

A contract is a legal agreement between the parties

Customer:

OK. I figured as much but just needed the confirmation. I'm a bit shocked by the whole thing.

Alex Watts :

I bet you are.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So once they leave, i can start to take action to sue for what? all the lost rent from them? distress? etc. I just dont know if the landlord will let us find new people to live there... does them leaving nullify the lease? does a new lease need created.. know what i mean? I just need to know how to communicate things to the landlord. what a mess

Customer:

hello?

Alex Watts :

Sue for breach of contract

Alex Watts :

You can't sue for distress as you wont get that.

Alex Watts :

But them leaving only cancels the lease if you or the others are not named on it

Customer:

ok. I understand. Super. thank you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

nope thats it. thanks for your help.

Alex Watts :

Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Property Law Specialists are ready to help you