Multiname lease

Maguined

Looking for some advice on my situation. I rent a house with 3 others. All our names are individually on the fixed term lease. Just the gross rent listed not a breakdown per room/tenant. One of the tenants gave his notice so will officially be gone by the end of September. He has already moved out so we can rent the room immediately.

Whenever anyone has left in the past the remaining tenants would look for a replacement and interview them so we can find someone that would be a good fit. Letting agency prefer this as it is less work for them. Our issue is that under the current environment we are finding it extremely difficult to find a replacement. After 4 nights of viewings no one wants to rent the room. There is less demand and there seems to be better supply and the rent was already pretty high for the size of the room.

Our worry is what if we cannot find anyone when the rent is due on the 1st October. So far everything I have read on terminating a lease does not specify regarding multiple names on the lease. Assuming the worst as no tenant can be found who is actually responsible for the shortfall in rent on October 1st?

Mrs OBumble

Maguined wrote: »

Assuming the worst as no tenant can be found who is actually responsible for the shortfall in rent on October 1st?

All of you Jointly and individually.

brisan

Mrs OBumble wrote: »

All of you Jointly and individually.

The people who rented rooms after the initial names went on the original lease
Are they on the lease , is the lease updated every time someone moves in ??

Maguined

brisan wrote: »

The people who rented rooms after the initial names went on the original lease
Are they on the lease , is the lease updated every time someone moves in ??

The lease would be updated with new names, the letting agent were not always that quick about it as sometimes they would just wait for the term to expire and then send a new lease with the current tenants names on it.

A previous tenant (lets call him Bob) that left in January and was replaced (let's call him Steve) the letting agent never sent us an amendment despite being told of the change. It was only when this new Steve left in August and was replaced that the agency sent out a new amendment lease that has not been signed as the other tenant (lets call him John) then gave in their notice.

Maguined

Mrs OBumble wrote: »

All of you Jointly and individually.

Thank you for your advice.

Baby01032012

As above, you have a standard lease, you are all jointly and severely liable for the rent of the property, not your own individual room. It is up to you and your fellow tenants to ensure the rent for the property is paid on time. You can look to replace the tenant who left, you can look to give notice to terminate your lease or you can find someone to take over the lease in full.

Maguined

Is that including the tenant who is leaving? I was under the impression that if tenant John wished to terminate his lease he has to either get an assignment or sub let both of which requires the landlords consent which our landlord does indeed want a replacement which would be an assignment would it not?

https://www.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment

Assignment is where a tenant transfers their entire interest in a tenancy to a third party. The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now deals directly with the landlord and is responsible for the tenancy.

Is the onus not on the leaving tenant to find a replacement for his interest in the tenancy?

freeze4real

Is the tenant that's leaving also responsibile for paying the rent aswell? I can't seem to find any guidance regarding this.

If the tenant leaves and the remaining tenants don't pay the rent due, what happens?

whomitconcerns

freeze4real wrote: »

Is the tenant that's leaving also responsibile for paying the rent aswell? I can't seem to find any guidance regarding this.

If the tenant leaves and the remaining tenants don't pay the rent due, what happens?

Whoever's names are on the lease are responsible for the entirety of the the rent, and are treated as one entity for that purpose. So yes technically the person who moved out but whose name is still on the lease, is still liable also.

From a landlords pov, it's easier to put pressure of course on the individuals still in situ in the premises

whomitconcerns

whomitconcerns wrote: »

Whoever's names are on the lease are responsible for the entirety of the the rent, and are treated as one entity for that purpose. So yes technically the person who moved out but whose name is still on the lease, is still liable also.

Not sure the person leaving is still liable for rent after they leave providing correct notice is given. That is the point of the j&sl term in a lease, the remaining tenants are responsible for the rent.

whomitconcerns

Dav010 wrote: »

Not sure the person leaving is still liable for rent after they leave providing correct notice is given. That is the point of the j&sl term in a lease, the remaining tenants are responsible for the rent.

What the the j&sl term means is that they are all responsible for the 100% payment as a group and individually. Just because one person has moved out, if their name is still on the lease as a party, legally they would still be liable.

Joint liability

whomitconcerns

whomitconcerns wrote: »

What the the j&sl term means is that they are all responsible for the 100% payment as a group and individually. Just because one person has moved out, if their name is still on the lease as a party, legally they would still be liable.

Joint liability

Not if he/she is a part 4 tenant and gives required notice. If it is a fixed term contract, then yes, the named tenant is liable up to the end of the term unless their interest in the lease is assigned.

freeze4real

So if the require notice was given, then should the tenant leaving get their deposit back and not liable for rent?


Also does email suffice for written notice for leaving ?

whomitconcerns

Nothing to do with part 4. All the tenants that are signed on the lease are liable. They do not have individual part 4 leases. There is one legal tenancy here.

freeze4real

Like this really is baffling.. A rents a room for 900, circumstances changes age decides to move out but unable to find someone to rent the room.. So the solution is to keep paying 900 or whatever till the room gets filled?

brisan

freeze4real wrote: »

Like this really is baffling.. A rents a room for 900, circumstances changes age decides to move out but unable to find someone to rent the room.. So the solution is to keep paying 900 or whatever till the room gets filled?

Or not pay and have the landlord take him to court and the tenant proves he cannot pay.
In practice most landlords will not chase you for it .
They know if you cant pay you cant pay .
They would rather have you somewhere else not affording 900 than in their property not paying the 900

whomitconcerns

freeze4real wrote: »

Like this really is baffling.. A rents a room for 900, circumstances changes age decides to move out but unable to find someone to rent the room.. So the solution is to keep paying 900 or whatever till the room gets filled?

That's the way it is. But as the other poster said, in all likelihood the landlord is just going to bound the people who still live there

freeze4real

whomitconcerns wrote: »

That's the way it is. But as the other poster said, in all likelihood the landlord is just going to bound the people who still live there

This is frustrating.... Utterly frustrating... I'd rather the agency whom I'm dealing with just terminate the house agreement tbh

freeze4real

freeze4real wrote: »

This is frustrating.... Utterly frustrating... I'd rather the agency whom I'm dealing with just terminate the house agreement tbh

Legally they can’t end a part 4 tenancy until the 6 yr cycle is up or they are selling/need if for a family member etc. The legislation is there to protect you more than your LL.