Joint Tenancy - Notice query - Please help!

Elveera_2

Hi there, me and my husband have split up but live in seperate rooms. Our joint tenancy started on 4th february 2011 for 8 months after which we could give 2 months notice to leave. Because we seperated just after we moved in february, we started living in seperate rooms. I paid all the rent, he paid all the bills. on 3rd August 2011, i gave my notice to the landlord, saying that i will be leaving on 4th october but my husband wishes to stay in the property.

my husband then a month later changed his mind and gave his notice on the 6th of september to leave on the 6th of november. But he is now leaving at the same time as me which is 4th october.

i have cancelled my direct debit for the rent and informed the landlord, but the landlord is now saying that my notice was invalid as it was not termination. and that my husbands notice is valid and that we both are liable for rent until 6th november.

How can this be right, if i gave my notice to leave on the 3rd of august?

I also challenged them why a new tenancy agreement was not drafted in my husbands name and they said they wouldnt have done that until i leave on 4th october. But since then my husband has messed things up by giving his notice too.

Am i liable for the rent for october?

BitterAndTwisted

Are you sure that you've signed a fixed-term AST for eight months? If so, you don't have to give any notice at all to leave at the end of the term, regardless of what your landlord thinks.

RAS

What sort of tenancy is this, in which country; Scottish law is different?

If it is a fixed term in England and Wales, there is no notice required as long as you leave by midnight on the last day of the tenancy.

Elveera_2

hello yes it is a assured shorthold tenancy agreement for 12 months with a break clause of 8 months

Elveera_2

hello i am in surrey. it is an assured shorthold tenancy agreement

BitterAndTwisted

So, it's not an eight month AST at all. If it's a 12 month AST with a break-clause at the eight months point. In order to know how much notice you need to give the landlord you will need to have a very close read of your contract. I can't read it from here.

Elveera_2

hello yes i have read and it says 2 months notice before the 8th month, which i have given on 3rd august.

G_M

For the avoidance of doubt, please quote the exact words of the break clause here. Break clauses are notoriously difficult.

However, either tenant can give notice in a joint tenancy, and it applies for both tenants. So provided you gave notice IN ACCORDANCE WITH THE REQUIREMENTS OF THE BREAK CLAUSE, then you husband's subsequent notice is irrelevant.

"The Tenant" gave notice (you) and "The Tenant" will move out in October (you and your husband).

You need to continue paying rent until 3rd Oct. I assume you pay monthly in advance so your final rent would be 4th September.

Note that since your tenancy started on 4th Feb, the 7th month will end on 3rd October which is when you should have put on your Notice and when you should leave. The 8th month begins on 4th Oct.

jjlandlord

I believe that all joint tenants must action the break clause for it to be valid.

It's only once the tenancy is periodic that a single joint tenant may serve a notice to quit and end the tenancy for all the joint tenants.

G_M

jjlandlord wrote: »

I believe that all joint tenants must action the break clause for it to be valid.

It's only once the tenancy is periodic that a single joint tenant may serve a notice to quit and end the tenancy for all the joint tenants.

Ah! Not sure. Do you have any precedence/statute etc?

Benji

jjlandlord wrote: »

I believe that all joint tenants must action the break clause for it to be valid.

It's only once the tenancy is periodic that a single joint tenant may serve a notice to quit and end the tenancy for all the joint tenants.

G_M wrote: »

Ah! Not sure. Do you have any precedence/statute etc?

I tend to agree with jjlandlord. Is it the case that the break clause is a contractual matter - therefore all parties must agree, whereas in periodic, the statute says either can?

I haven't researched that - just a gut feeling.