Joint Tenancy - Notice query - Please help!

jjlandlord

G_M wrote: »

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

It's been discussed on other forums, iirc.

After a quick googling, Shelter basically says that a fixed term tenancy can only be ended early if all joint-tenants agree, and either the landlord also agrees or there is a break clause:
http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies#5

And there are actual cases about NTQ in periodic tenancy v. use of break clause in case of joint tenants:
London Borough of Harrow v Johnstone
Hammersmith and Fulham LBC v Monk

Basically:
- All joint-tenants must agree to surrender the term or to action a break clause.
- Only one joint tenant may end the tenancy by notice to quit in a periodic tenancy.

G_M

Thanks for that.

But it looks like bad news for the OP!

Sounds lie OP AND husband should have written jointly at the 6 month point to activate the break clause at 8 months, and since this did not happen, the tenancy will run to the full 12 month term.

Unless either
1) an agreement can be reached with the landlord or
2) the break clause allows for Notice any time after 6 months to end the tenancy after 8 months (ie at the 9, 10 or 11 month point)

Benji

G_M wrote: »

the break clause allows for Notice any time after 6 months to end the tenancy after 8 months (ie at the 9, 10 or 11 month point)

Well, if OP can tell us the exact wording of the break clause (as you have already asked) we may be able to throw some light on the subject.

casper_g

G_M wrote: »

Thanks for that.

But it looks like bad news for the OP!

Sounds like OP AND husband should have written jointly at the 6 month point to activate the break clause at 8 months, and since this did not happen, the tenancy will run to the full 12 month term.

Unless either
1) an agreement can be reached with the landlord or
2) the break clause allows for Notice any time after 6 months to end the tenancy after 8 months (ie at the 9, 10 or 11 month point)

It doesn't sound like the landlord will insist on the tenancy lasting the full 12 months. As you say, it can end early if either of your two conditions applies, and it seems like at least one of them must: the OP states the landlord says that her husband's notice is valid and they are liable for rent only until 6th November.