This is a first for me, 2 tenants on a joint tenancy, one leaves a WhatsApp message on 24th September saying her right to rent has expired (on the 24) she can’t continue with tenancy, so she is going back to her home country, no notice, no further communication, either by email or WhatsApp, left her housemate in a lurch, trying to support her by looking for replacement tenant, her friend circle confirmed she has left the country, what should my next step be?
Expiry of R2R doesn’t end her tenancy, so this continues wherever she is now living. If the other person is a joint tenants then she is liable for ALL the rent, (as is the one who left). If the one who’s left is no longer in the UK it’s probably going to be impossible to recover any rent from her. If you only charge the remainer half the total rent, it could become the new rent, depending on what else you say and do. In that case you would not be able to easily increase it again, so give some thought to what you need to happen with this property. If the remainder cant afford the whole rent and cant quickly find another co-tenant, you should probably have a serious conversation about her options.
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You should have record the R2R expiry dates at the start of a tenancy and set reminders for yourself as you are obliged to carry out follow up checks before they expire to protect yourself from a hefty fine. I think you have to explain to the remaining tenant that as it is a joint tenancy she will be liable for the full amount of rent. One option is for her to provide a UK guarantor or another tenant that can share the cost. Other than that she should consider whether she should consider ending the tenancy before she gets into debt.
Best!
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If no valid notice given the tenancy continues and the remaining tenant is liable for the full rent.
Have a conversation with the remaining tenant - unless they can afford the full amount it’s better you and they agree a mutual surrender for say 1 month from now. If in the next month she finds a new co tenant who passes referencing and is acceptable to you, then start a new tenancy. If not she should then leave. Better for her to not get into arrears.
Good luck
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One catch with the surrender route. It needs every joint tenant, so the one who stayed can’t surrender alone while the other is still on the tenancy, wherever she’s living. If she’s still answering WhatsApp, get her agreement in writing too.
If she’s gone quiet, notice works where surrender doesn’t. One joint tenant’s written notice ends the tenancy for both. It’s two months, ending on a rent day or the day before, and anything shorter only counts if you and both tenants agree it in writing. Her message on the 24th might already be that notice, though with no end date in it I wouldn’t lean on it.