LarryScott
Frequent Poster
- Messages
- 563
True, since they are only just barely in arrears.
Tenants in house share want room left empty and impact of taking in new tenant after 1st March behind my back.
- Thread starter Pmc365
- Start date
I reatly appreciate all replies...
This is the wording in the original Lease ( which I think I got from Laffoy's conveyancing precedents) drafted 10 years ago as regards tenants being Jointly and Severally Liable under the Lease's " General Conditions".
"Where the context so include the masculine or feminine gender as appropriate and words importing the masculine gender only shall include the feminine gender and words importing the singular number only shall include the plural number and vice versa.
Where the Tenant shall from time to time be or consist of two or more individuals the covenants and conditions herein expressed to be made by the tenant shall be deemed to be made by such individuals jointly and severally.
The tenant(s) shall therefore be Jointly and Severally responsible for a breach of any of the covenants or conditions contained herein.
1 THE TENANTS AGREE WITH THE LANDLORD AS FOLLOWS:
1.1. To pay the reserved rent without any set-off, counterclaim, or deductions whatsoever at the times and in the manner provided for in this Agreement." (Ends)
--------------------------------------------------------------------
The agreement provided for the rent to be paid in one lump sum per month by bank transfer not individually per tenant as payments later evolved where each occupant pays separately at present.
Only one of the original tenants in this written Lease is still in occupation. 2 out of 4 rooms are now unoccupied.
The 2 remaining occupants will not pay for the recently departed third occupant.
I wonder Can I tell the tenant named on the written Lease and 2nd occupant they are jointly and severally liable for rent.
When a fourth occupant left last year the remaining three offered to pay the rent for the vacant room so there is a precedent
This is the wording in the original Lease ( which I think I got from Laffoy's conveyancing precedents) drafted 10 years ago as regards tenants being Jointly and Severally Liable under the Lease's " General Conditions".
"Where the context so include the masculine or feminine gender as appropriate and words importing the masculine gender only shall include the feminine gender and words importing the singular number only shall include the plural number and vice versa.
Where the Tenant shall from time to time be or consist of two or more individuals the covenants and conditions herein expressed to be made by the tenant shall be deemed to be made by such individuals jointly and severally.
The tenant(s) shall therefore be Jointly and Severally responsible for a breach of any of the covenants or conditions contained herein.
1 THE TENANTS AGREE WITH THE LANDLORD AS FOLLOWS:
1.1. To pay the reserved rent without any set-off, counterclaim, or deductions whatsoever at the times and in the manner provided for in this Agreement." (Ends)
--------------------------------------------------------------------
The agreement provided for the rent to be paid in one lump sum per month by bank transfer not individually per tenant as payments later evolved where each occupant pays separately at present.
Only one of the original tenants in this written Lease is still in occupation. 2 out of 4 rooms are now unoccupied.
The 2 remaining occupants will not pay for the recently departed third occupant.
I wonder Can I tell the tenant named on the written Lease and 2nd occupant they are jointly and severally liable for rent.
When a fourth occupant left last year the remaining three offered to pay the rent for the vacant room so there is a precedent
LarryScott
Frequent Poster
- Messages
- 563
I think as long as the lease says it is one payment you are probably OK.
For example, it is possible to have one tenancy for each room, but that is clearly not what you set up with the lease.
Really, you have to decide what you want to do.
If you want to keep renting out the house, then you can send them a formal notice that they are in arrears, and threaten eviction. They might decide to just pay the rent and you are back to the status quo but with each paying half of the rent.
If you want to evict, then you need a justification. Failure to pay the rent is a valid reason, but they may decide to just pay it.
The valid reasons are as follows. Evict to sell and evict for landlord/family move-in are probably the easiest ones, depending on circumstances.
No fault
- Evict to sell (must sell within 9 months)
- Landlord or family move-in (niece/nephew or closer) (must actually "use" the house)
- Substantial refurbishment
- No longer suitable (e.g. overcrowding)
- Change of use
- Failure to pay rent
- Tenant breech of tenancy conditions
There is a fine and also make sure you get the tenancy start date right so it counts as a pre-March tenancy.
It looks like late fees are €10 per month (or part thereof) but any time between 12 November 2022 and 1 March 2024 is excluded.
