Leaving a joint tenancy - can anyone help please?

66carolinej

Partner and I have a joint tenancy, needing to give a months notice to leave our flat. We have now split up and I would like to remove my name from tenancy as I am no longer living there. Letting agents tell me that I cannot just leave the tenancy, however my partner could apply for tenancy on his own but as he has a very poor credit rating I'm not sure he will pass and they tell me I will be still be liable for the rent. Otherwise we both have to give written notice to leave and as I no longer live in the area, it will be difficult for me to get a letter signed by him. He doesn't answer my phone calls. I can afford to pay the rent for the next month (I was hoping this would be my notice to leave tenancy) but not for longer. What will happen if he fails the credit check and refuses to give notice? Can anyone offer any advice please?

DVardysShadow

Notice from 1 tenant where the tenancy is on Joint and Several terms is enough to terminate the agreement. Your ex needs to set up a new agreement.

66carolinej

Thanks for replying. I understand that, but the Letting Agents have told me that the landlords are happy to change the tenancy to him if his credit checks (for an further £100 fee) are OK but if not then I am still on the tenancy and therefore still liable for the rent. I spoke to them earlier today when they informed me it isn't as straight forward as just removing your name, to come out of a joint tenancy. They need both tenants to give notice to terminate the agreement. Cant see a way out.

anselld

The EA are incorrect. If the tenancy allows 1 month notice (ie periodic or 1 month from end of fixed term) then just serve written notice. You cannot legally be held in a contract unless it is within the initial fixed term.

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

RAS

caroline

When did the tenancy start and when does the current rental agreement end. Any break clause?

Or are you now on a monthly rolling contract?

Which country are you in as Scottish and English law are different.

Yellowstar_2

Hi

I believe that anselld and DVardysShadow are correct.

About a year ago I had a landlord trying to tell me the same thing your LA's are trying to tell you: that I was jointly and severally liable for the whole rent on my periodic AST until such time as the other tenant decided to give notice. My landlard told me if the other tenant never gave notice and defaulted on payments then I was liable for the whole rent every month until I was dead.

It's just not true (in Engalnd and Wales at least).

I got advice from both Shelter and the Citizen's Advice Beareau at the time and they both told me it's a load of rubbish: one tenant in a joint and several agreement giving proper and correct notice to end the tenancy ends the tenancy for all parties. You don't need your ex to agree, much less sign anything.

Of course, if you're in a fixed term then you might not be able to give proer and correct notice - but from what you've written that doesn't appear to be the case. Assuming you give proper and correct notice (Shelter can give you advice for free on whether you can and how to go about it correctly) then that should end the agreement for everyone. Your ex would need a new agreement if they want to stay, and your liability ends.

Yellowstar x

DVardysShadow

66carolinej wrote: »

Thanks for replying. I understand that, but the Letting Agents have told me that the landlords are happy to change the tenancy to him if his credit checks (for an further £100 fee) are OK but if not then I am still on the tenancy and therefore still liable for the rent. I spoke to them earlier today when they informed me it isn't as straight forward as just removing your name, to come out of a joint tenancy. They need both tenants to give notice to terminate the agreement. Cant see a way out.

NO!!! It is sufficient for 1 tenant on a Joint and Several agreement to give notice. That terminates the agreement on the part of all tenants. Agent does not know what he is talking about.

66carolinej

I live in England.
The tenancy was started in November 10, fixed for 6 months, so now on a month by month basis. I have re-read the contracts we both signed and it talks about a periodic tenancy after the 6 months are up. I shall now go back to the letting agent with my formal letter giving 28 days notice. Beginning to feel bit more positive that I can get out without more debts piling up. Thank you - I feel able to face the letting agent again now. I have been trying to get through to Shelter but they are obviously very busy.

RAS

If your contract started on 20th November, you have to give notice by July 19 to leave August 19. If you have missed the date by a day or two because you were told porkies buy the agents, you could try arguing that they frustrated your attempt to give notice and should be prepared to back-date it.

Not sure it would work but....

By the way, this means exBF needs to arrange a new tenancy or leave as well, but that is his problem.

anselld

66carolinej wrote: »

I live in England.
The tenancy was started in November 10, fixed for 6 months, so now on a month by month basis. I have re-read the contracts we both signed and it talks about a periodic tenancy after the 6 months are up. I shall now go back to the letting agent with my formal letter giving 28 days notice. Beginning to feel bit more positive that I can get out without more debts piling up. Thank you - I feel able to face the letting agent again now. I have been trying to get through to Shelter but they are obviously very busy.

Be careful to do it correctly! It is a months notice (rather than 28 days) and it must be at least a full month to a rent day. (ie it could be nearly 2 months if you are unlucky with the timing.

Don't rely on the EA to tell you if you get it wrong. If they are being sneaky they could leave it till the end of the notice period and then tell you your notice is invalid for some reason (timing etc).

bris

You can point them to an actual court case hammersmith lbc v monk, this determined that one joint tenant can bring a tenancy to an end.
After giving proper notice your liability will end. The LA will need to either seek repossesion from the other tenant or give him his own tenancy, none of which is your concern.