Notification to leave

Planner

I could probably provide links giving proof the moon is made of cheese.

Legally a joint tenancy cannot be ended by a single tenant within or at the end of the fixed term. It can only be ended at the end of month 7 or 13 depending on length of tenancy ie the periodic.

StudentMoneySaver

I'll concede that a Joint tenancy cannot be ended by a single tenant during the fixed term but Shelter (and therefore I do) disagrees regarding the end of a fixed term. Last paragraph of the FAQ entry I have linked to below (also the next question may be of interest).

http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies#5

If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. However, the landlord must be given a valid written notice and there are special rules about how and when this must be done.

Planner

StudentMoneySaver wrote: »

I'll concede that a Joint tenancy cannot be ended by a single tenant during the fixed term but Shelter (and therefore I do) disagrees regarding the end of a fixed term. Last paragraph of the FAQ entry I have linked to below (also the next question may be of interest).

http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies#5

I agree with this quote. It is just what I have said above - A single tenant cannot end a joint tenancy in the fixed term, but can end it after the end of the fixed term when a periodic has arisen. Are we therefore in agreement?

StudentMoneySaver

It says you can end it at the end of a fixed term. The end being the last day of the fixed term, before the periodic tenancy has arisen.

It is illogical that a Joint Tenancy can commit any party (individually or as a whole) to a period longer than the stated fixed term.

Anyway, this is irrelevant to the OP's question.

Planner

To me it says If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants.

To you it obviously says If you have a periodic tenancy, or your at the end of a fixed term and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants.

Will be happy to discuss further at http://forums.moneysavingexpert.com/....php?t=2609017 rather than hijack (to late!) another thread.

DVardysShadow

Planner wrote: »

To me it says If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants.

To you it obviously says If you have a periodic tenancy, or your at the end of a fixed term and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants.

Will be happy to discuss further at http://forums.moneysavingexpert.com/....php?t=2609017 rather than hijack (to late!) another thread.

Broken link.

Planner, I think you are just taking too literally something which is not quite perfectly expressed on the shelter site.

I agree with StudentMoneySaver, your position is illogical. The root of your misconception is the distinction between a tenancy being ended by premises being vacated at the end of a fixed term or by giving notice. I can see nothing in statute or contract domains which precludes giving notice to end on the same day as the fixed term ends. That day is simply the first day for which valid notice can be given.

Although there is normally no need to give notice for the end of the fixed term, it is not 'illegal' to do so and I can see no reason whatsoever that giving notice for the end of the fixed term at least one rental period in advance should not be valid. As I see it, this is the only means by which a tenant A from a Joint and Several Tenancy of A+B can bring the tenancy to an end. Ending the tenancy occurs on the day the tenancy ends. Giving notice occurs at least one rental period prior.

Landlords can give a Section 21 at the outset of the tenancy. They have to jump through a few hoops for it to be valid. But if it does not stand, it is because of failures to follow procedures, not because such notice is in principal invalid. So if the LL can do it, so can any permitted combination of tenants.