leaving joint tenancy

may_fair

G_M wrote: »

Another possibility is if (again assuming it is a 12 month contract?) there is a 6 month break clause in the tenancy agreement. In that case, all OP has to do is invoke the break clause, end the tenancy, and leave. It wiuld then be for the remaining tenant to negotiate a new contract, with or without a new joint tenant, if both she and the LL were willing.

It only takes ONE joint tenant to end a tenancy agreement. OP - check the tenancy.

Whilst it's true that in a statutory periodic AST that a single joint tenant may serve NTQ to end the whole tenancy, it's unlikely that a contractual break clause would be exercisable by only one joint tenant - far more likely that it would require 'the Tenant' (i.e. everyone/all joint tenants together) to exercise it.

G_M

may_fair wrote: »

Whilst it's true that in a statutory periodic AST that a single joint tenant may serve NTQ to end the whole tenancy, it's unlikely that a contractual break clause would be exercisable by only one joint tenant - far more likely that it would require 'the Tenant' (i.e. everyone/all joint tenants together) to exercise it.

I learn all the time!

Can you refer to relevant housing statute, case law or contract law to show why the difference Mayfair?

jjlandlord

G_M wrote: »

I learn all the time!

Can you refer to relevant housing statute, case law or contract law to show why the difference Mayfair?

I believe there is a case law: Hounslow .B.C. v. Pilling [1993] 1 W.L.R. 1242
http://www.keywee.co.uk/archives/890

Can't access the whole text, but I think this has to do with HA 1988 itself:

s.45(3)
Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

s.5(2)
If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—
...
(b)a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house...

may_fair

I'd been pondering whether it would be theoretically/legally possible to have a break clause under which one joint [AST] tenant could serve notice to end the fixed term but I think you're right, jjlandlord - it would seem that s.5(2)(b) prevents it since a SPT would arise unless all the joint tenants vacated at expiry of the notice. (Might be possible in a common-law tenancy, perhaps).