One of the tenants, Ms X, has moved out without giving notice. In the tenancy agreement it names all 5 names as being the tenants and that a change cannot be made within the last six months of the agreement (there are currently 2 months remaining).
On 3 separate occasions strangers have arrived at the door informing us that they are moving in to the property.
From a legal perspective what rights do the tenants have, as I understand it the 5 tenants cannot be changed and the property cannot be subletted without all parties consenting. It is beginning to effect other areas of their lives and is starting to feel a bit like harassment.
I don’t know many people who would cope with 3 different strangers having keys to their house within a 2 week period. What advice would you give them to have this resolved.
If all the tenants are named on the tenancy agreement (as opposed to you all having your own individual tenancy agreements for your own room and shared use of the rest of the house) then this cannot be changed without a new tenancy agreement being signed.
The landlord is not entitled to foist another occupier on you without your consent.
The bad news is that you and all your co-tenants are legally responsible for the rent of the tenant who has moved out – as all tenants who sign a tenancy agreement together are jointly and severally liable for the ALL the rent, not just their own share.
But going back to the people who are turning up clutching keys to your home, they will not become tenants unless and until they sign a new tenancy agreement with the remaining tenants and the landlord. Which cannot be done unless you all agree to this.
They have no right to enter the property without your consent, and if the landlord is giving them keys and telling them that they can move in, then this is illegal.
If you want some help in this situation, the Housing Officer at your Local Authority may be able to advise you.