Hi there. I have sharers who aren’t getting on after recently taking out a joint contract. One wants to leave the contract, the other wants to stay but can’t afford the rent on her own. I have atttempted reconciliation to keep the contract going but they refuse to be civil to one another. I can offer the tenant who wants to stay the chance to find someone else to move in but I know she is the one causing the problems with overbearing house rules, refusing to allow friends in etc. Can I insist they both leave as one wants to terminate the contract? What are my legal responsibilities to the other tenant?
The remaining tenant can’t afford the rent so you should serve notice using the break clause. You have no obligations to that tenant.
Assuming that this is a joint tenancy still in the fixed term, then the only exit for the tenant is if all parties, (you and both of them) agree a surrender. One tenant can only end a tenancy unilaterally if its periodic. One tenant can leave if they wish but still remains a tenant and still liable. However, each is liable for 100% of the rent, so you can continue to claim it all from either or both.
You should probably have another conversation with them and make this clear to them.
Thank you Chris. This is very helpful.
Thank you for the helpful reply.