 Group Tenancy Contract - Can an Individual Serve Notice?
Hi Everyone,
I'm new to this forum and I was wondering if someone would be able to give some advice with a tenancy contract issue I've been having.
I entered in to a group short hold tenancy agreement with five other people (it was a big house!) for a period of 12 months that included a 6 month break clause, with a 2 month notice period. This contact started in September 2006. All of the members named on the contract were required to have individual guarantors. All six of us agreed to split the monthly rent total six ways.
On the 19th of June 2007, one of the tenants (S) attempted to remove their possessions and vacate the property without telling the other tenants on the contract. She claimed that she had spoken to the landlord and that the landlord had given her permission to leave the house, and that therefore she would not have to contribute to the monthly rent for the rest of the contract (which was due to expire in August). As far as we were aware, she had not served written notice to the landlord, until AFTER she removed her possessions from the property - I think on the 24th of June. Incidentally, this notice was not in line with our rent period (as we paid rent on the 17th of each month).
I called the landlord and the landlord denied ever giving her permission for this tenant (S) to leave. At this point, S, was point blank refusing to contribute to the monthly rent. The landlord contacted the guarantor of tenant S, but they refused to pay stating that they were unemployed and did not have any money. The landlord did threaten to take the guarantor to court but did not follow through.
We attempted to reason with tenant S (we have written communication) - intially tenant S stated that she was unaware of the terms and conditions of the contract and that she did not know you had to serve notice in writing to the landlord - she argued this was because she had given permission for me to sign the tenancy agreement on her behalf (as she was unable to attend the contract signing) and signed the relevant documentation allowing me to do so. I argued that by her giving me permission to sign the contract on ther behalf, this was to be taken that she understood the contents of the contract, and that if she knew she wanted to take advantage of the 6 month break clause it was her responsibility to ensure that she did that within the rules of the contract - a copy of the contract was made available to her before and during the tenancy agreement.
Eventually, tenant S, agreed to contribute for the rent period in July 2007 but not August 2007 as they were adamant they had served their notice and that they were not required to pay for August 2007. However, tenant S, stated that they did not have all of the money upfront and asked that we could pay and she would pay us back in instalments (I have written proof) starting at a £100 deposit. We agreed to this and set a date for the payments to commence however tenant S did not stick to this agreement. When we contacted tenant S, they stated that they had changed their minds and would not be contributing to July 2007 monthly rent as they had received some legal advice, stating that they were not required to pay and that she only agreed to pay in the first place as a 'peace offering' and was not accepting liability.
Instead as it was a 'group' contract, the we were subsequently made liable to pay for the contribution of tenant S (as we had entered in to rent arrears whilst this was being sorted out, and the landlord was unwilling to take the guarantor of tenant S to court). This also occurred for the rent period of August 2007, putting us at a loss of £734.33.
Additionally, due to the state at which tenant S had left her bedroom, the landlord had to deduct some money from our security deposit, which put us at an additional loss of £100.
We therefore decided to take tenant S to court, in order to get our money back (a total of £834.33). We have sent off the relevant forms, and the defendant (tenant S) has filed an 'acknowledgement of service' and the intention of filing a defence. Tenant S is also contesting the jurisdiction of the court. As such I have the following questions:
1. We are under the impression that even if an individual serves notice within a group contract, they would have to contribute towards the rent during the two month notice period. Wouldn't this mean that tenant S would have to by law, contribute towards July and August 2007 rent?
2. As the tenant intends to file a defence, is there any defence they could possibly have, as they were named on the contract?
3. Would the landlord have the power to allow an individual to serve notice verbally, and if so wouldn't the landlord have to tell us since we were all named on the contract?
I know this is a long post, any thoughts/suggestions would be greatly appreciated!
Thanks. | 
