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Question

Joint and Several Tenancies (England) | Landlord Wants Tenant to Leave (England)

Mesne Profits letter to override earlier acceptance of rent after NTQ

19 Jun 2020 | 6 comments

In a joint tenancy which is in the Contractual Periodic Tenancy now, a single tenant has given notice to quit on June 11, correctly 1 month in advance and day before rent is due. This ends the entire tenancy but the remaining one tenant would like to stay while looking for a replacement tenant. I’m happy for her to stay temporarily and pay half the rent (effectively her portion) whilst looking for a replacement tenant. I’ve emailed that she can remain for another month and for her to pay her portion only, the leaving tenant is ok to wait for another month for the return of her portion of the deposit even though she has vacated before June 11.
I have read your Mesne Profits letter which is probably the better way to move forward. If I send the remaining tenant the Mesne Profits letter now to offer an extra month to stay for ‘damages for use and occupation’ will that override my email that I will accept her rent only after June 11, as I now know rent should not be accepted\demanded? I don’t want for there to be a problem/confusion if a problem arises.
Also, on June 11 should I return all the deposit to both parties or wait until the additional month has elapsed? Thank you.

Answer

6 Comments

  1. Imported

    09/06/2020 9:52 am

    Yes, we believe the mesne letter should overrule the email and should be fine. It’s still sort of rent you’re accepting, just under a different name.

    Think regarding the deposit, it’s up to you. The tenancy doesn’t end until July (or whatever date) so happy for you to wait until the tenancy has actually ended before returning. The longer you can hold on to it the better in that you might have got a replacement tenant by then so you can return and then promptly protect any new deposit.

    guildy

  2. Imported

    09/06/2020 2:45 pm

    Thank you, that’s great! Looking at your Mesne template letter, there is no defined end date to insert. I’m happy to allow the remaining tenant to remain for a couple of months after the June 11 NTQ but of course I hope a replacement tenant can be found sooner. I’m aware for it NOT to be too long as it would be better to create new tenancy for the remaining tenant otherwise and the leaving tenant would want her deposit also. In the email I send, is it ok to mention this is a temporary way for allowing her to stay as long as we can find a tenant within the next couple of months without having an adverse affect on the Mesne letter contents?

    I’m also planning to adjust the 2nd paragraph to “All further payments should be sent to [Landlord Name] via Direct Debit.” is this ok?

    Naz1

  3. Imported

    09/06/2020 3:22 pm

    Both those points okay.

    guildy

  4. Imported

    10/06/2020 9:05 am

    Thank you. In the mesne period, after the period tenancy has ended, what notice period does the remaining tenant need to give if she decides to leave?

    If she has left before the end of the ‘rental’ month after having already paid it, can I just return the mesne profit pro rata?

    Naz1

  5. Imported

    10/06/2020 9:59 am

    As there’s no tenancy, we can’t see they’re bound by any requirement to give notice so yes, we would play it safe and return pro-rata.

    guildy

  6. Imported

    18/06/2020 4:08 pm

    I’ve forwarded the Mesne Profits letter to the remaining tenant who is working with me to find a replacement to form a joint tenancy in the interim. I released the deposit from DPS to me upon agreement of tenants and repaid the tenant who left in full. I have re-protected the remaining tenant with the remaining of her portion. Since this is not an official contract but Mesne, do I still need to issue prescribed info to the remaining tenant? I plan to do so anyway but what notice period do I officially need to give if I need to ask her to leave? She has asked if I can give her one month notice if she can’t find a replacement in a couple of months if it comes to that as we have a good relation. Thank you.

    Naz1

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