Tenant A moved out in early March and gained permission from the landlord towards the end of March to look for a replacement tenant. Throughout April she suggested twelve prospects most of which were rejected by the other tenants based on the fact they were not students. Even after tenant A indicated they would still be exempt from council tax, the others said they had other reasons such as students tending to have guarantors and fit. The two prospects who were actually students withdrew as the other tenants said they were unable to conduct viewings or took hours to reply. Tenant A kept the keys but was not based at the property so said she could not conduct viewings. When tenant A complained about the lack of co-operation the landlord said it was her responsibility to co-ordinate the process as the one leaving. After a month of searching, Tenant A decided to give in notice when the new legislation came in and so the tenants only have two months on the lease. Tenant A has only paid £470 out of her allocated share of the rent £1200 which the other tenants were not aware as my friend wanted to pay separately directly to the landlord.
The landlord is now saying he might need to contact guarantors or deposits and the flatmates in response have emailed my friend saying if she does not pay the arrears and they have to cover the shortfall that they will take her to court along with her unpaid bills. They also asked why tenant A chose to rent another room in the same town without finding a suitable replacement if she was in as much financial troubles as she said, My question is would they have a chance as it is not like they suggested prospects.
If this is a joint tenancy, then each tenant is responsible for the whole rent and any one or more can be asked to cover the shortfall.
If a tenant leaves during the fixed term they are still a tenant and liable for the rent. The landlord has no obligation to help find a replacement or do anything other than demand the rent and sue if its not forthcoming.
If tenant A has now served a valid notice yhis will end the tenancy and the liability for everyone from that point forward. Historic arrears will still be payable.
Nothing excuses Tenant A from paying her share for a place she agreed to rent, whether living there or not. It was her problem to pay and persuade other tenants to agree to a replacement not theirs. Not theirs to find replacements. Tenant A didnt care enough to be present to enable viewings but still wants the other tenants to take the financial hit for her non payment and irresponsibility in not paying rent due. How is that fair or reasonable on her part? Suppose they didnt pay and she was pursued by LL for their unpaid rent - would she view that as fair? Because that is what she is doing to them.
Yes the other tenants or their guarantors would (providing they have evidence of the share Tenant A agreed to pay) be able to pursue Tenant A for the unpaid arrears if they cover it. To quote Shelter
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In practice, if one joint tenant fails to pay anything towards the rent, then the other will have to pay to prevent the landlord taking possession proceedings.
The joint tenant who had paid would then need to go to court and take out a small claim against the other joint tenant to get back their share of the rent. "