UK Landlord Forum / Life

Hello , I have been renting a property for the last 7 years with 3 other colleagues. We share the rent equally . As we all know each other for a long time we decided to take the contract only under one name. The landlord knows that all of us live there and he is happy with us as we keep the property in very good condition . Lately, exactly 6 weeks ago the person the contract is listed under, went for holidays. He didn't tell any of us . We called him many times to find out when is he coming back as we had to pay the rent . He never replied so we paid the rent in full including his share. Then we found out that he went on holiday and may never come back (from his brother) . So we informed the landlord and the agency as we don't want to lose anymore money . We asked the agency to terminate the contract as quickly as possible. We also said until they don't change the contract onto our names we will pay only 3 quarters of the whole rent as we don't want to pay for someone who is not here. We also told them that 3 quarters of the deposit is ours. They were trying to intimidate and scare us. They stated that by law as our names are not listed on the contract we shouldn't be living there (although the landlord knows the situation ). Also they have right to change the locks. We need advice as to what we can do regarding this case.

If you are living there correctly and with everyone's knowledge - then you are all jointly and severally liable for the rent (and any other expenses). Just because one person out of four has departed does not mean that you get to pay three quarters of the rent - the rent amount is still the rent amount and that is what is due. It is not the problem of the Landlord or the Agency that four people has now become three.

If you manage to get the contract changed from this fourth person's name to your three people's names, then you will still be liable for the whole amount of the rent - you will then just decide to spit it three ways, instead of four, one would assume? The big question is - why should the Agency or Landlord change the contract? They are already due 100% of their rent - just because you only want to pay 75% doesn't matter at all, it really is neither here-nor-there... 100% rent is lawfully due (that's the case however you three manage to provide it).

Remember - in all your dealings with the Landlord and Agency - they have not caused this problem. Neither have you, it seems. Your colleague who has disappeared has caused this problem.

However, on the plus side, if you are living there correctly - they do not have the right to change the locks, but you do.

If you are not living there correctly and with everyone's knowledge - then even worse...

But what my question is why we should pay the whole rent if the Pearson on the contract don't care . Maybe we shouldn't pay at all and then they can terminate the contract quicker and we can sign new under our names . One room is locked and all the staff of Pearson that disappear is still there . Why we should do with that??? I don't mind to pay the full rent when they get rid of  that Pearson .

So, the other fourth person hasn't even vacated the property properly - they are still using the room they had to store their things. Rent (100% of it) is still due.

It doesn't matter whether you feel it is unfair - or not. The entire rent is due to the Landlord (or his Agency) - it is not the Landlord's fault that something has now happened with you four - and one of you has disappeared (but not removed their items). Your responsibility is to either pay all the rent that is due (remaining three) or get in touch with the person who has disappeared (Mr. Four) and get him to pay his share.

You say that you would not mind paying the full rent when the contract is revised to remove Mr. Four and have only Mr. One, Mr. Two and Mr. Three on it. That's fine - but it's also what you are doing right now - you have been paying the whole rent (and Mr. Four has not been contributing). A contract revision may be possible - it shouldn't be impossible if you have been in the same place for such a long time - I will assume it's not in a fixed term period - but someone may want to charge you for this. Also, Mr. Four would still need formal notice from the Landlord / Agency, though, at least 2 months... Mr. Four can't just be removed from the contract and have his things removed from the property - that would be illegal eviction... even though Mr. Four has disappeared and is not paying rent, he still has a tenancy.

So if I understand right mr 4 even if is not paying still have rights to stay in the property for 2 months And what happens if he will never come back and 2 months pass ?

Mr. Four still has a tenancy even if he is not paying any rent and has disappeared, yes. Mr. Four is still liable for rent, just as you are... all the rent. Mr. Four could be asked to leave, but he would need to be given at least 2 months notice by the Landlord or Agency. Right now he has not been given any notice. He and the Landlord could also mutually agree to end the tenancy, but that will be difficult if he has truly disappeared.

So what should we do In this case ? Shall i pay the rent for the missing person even if he's not here any more and if we pay the full rent how the agency will be able to change the contract and what will happen with his things that he left at house ?