End of AST

[florinemarias]

My two housemates and I were on a fixed term 6 months AST that became periodic in October. In December one of my housemates gave her notice to the landlord and said she'd be leaving at the end of January.

 

We foud a new housemate for the 1st of March, and me and my remaining housemate paid only our part of the rent for February (£400 each). The landlord is now asking us for the other £400 but I'm not sure if we have to pay the money?

 

For me, the AST stopped on the 31st of January. We warned him we only found someone for the 1st of March, and asked him if it was ok to start the new AST on the 1st of March instead of the 1st of February and he said it's fine.

 

So my question is, do we owe these £400? Was the AST still valid in February even though our housemate left giving 6 weeks notice?

 

Many thanks for your time

[mariner51]

Did you each have your own ASTs (single T) or were all original members named as joint Ts on 1 AST?

[florinemarias]

We had a joint AST. So the landlord says we are liable to each other, which I could understand if my housemate had not given a month notice.

 

Also, in the new AST we have now signed from the 1st of March, which is the same model as the old one updated by the National Association of Landlords, there is a little note that says:

 

"Notice to leave by one individual tenant will end the tenancy for all tenants." And I believe this probably applied to the last one as well.

 

What do you think?

 

Thanks

[mariner51]

Unless you can state if the old AST had similar clause then I think you were/are all jointly & severally liable for total rent each month ie if one defaults, the others share the shortfall. The AST may have ended when flatmate gave Notice & moved out, if so you should all have moved out on the same day as only one notice was required to cover you all IMO You did not. 2 decided to pay your portion of Feb rent so continuing the AST with the rent short by £400

When the new flatmate moved in in Mar a new AST was required which you all signed. Now the LL should do a move out inspection. compare with orig move in inspection, deduct 1/3 damages from each deposit and 1/2 rent arrears from remaining orig Ts. The one who moved out pres served proper notice and did not overstay so not liable for Feb rent share, return remainder of orig dep & require 'new' tenants to supply new full deposit, using move out inspection as the new move in one if accepted by all.

 

What date did moving flatmate serve Notice on LL?

What date did s/he move out?

What date was Feb rent due?

 

Your only hope they fecked up the notice timescale for a periodic T and remain liable for their share of Feb rent.

For once, it is not the LL who served the Notice to vacate and should not be penalised by t.s' error.

 

Just my opinion.