Ending rental agreement early

Cliecost

Hi,

A friend of mine (a real friend not me pretending at ask for myself ) has recently slit from her partner. They lived in a flat rented from his friend with contract and the deposit held in a gov scheme.

She's moved out and taken her things. What does she have to do to tie up any loose ends in regards of the tenancy agreement? The agreement is in both their names and says 2 month notice is required?

Does this mean she could pay the landlord 1/2 of the total rental costs for those 2 months and that would be her out? What if the ex stays in the flat? Would she still be liable to anything?

Thanks for any help.

19lottie82

Cliecost wrote: »

Hi,

A friend of mine (a real friend not me pretending at ask for myself ) has recently slit from her partner. They lived in a flat rented from his friend with contract and the deposit held in a gov scheme.

She's moved out and taken her things. What does she have to do to tie up any loose ends in regards of the tenancy agreement? The agreement is in both their names and says 2 month notice is required?

Does this mean she could pay the landlord 1/2 of the total rental costs for those 2 months and that would be her out? What if the ex stays in the flat? Would she still be liable to anything?

Thanks for any help.

If both of their names are on the lease then both of them are "jointly and seperately" liable for the rent. That means there is no half and half legal responsibility on paying the rent, the LL can chase both or either of them for the full amount of rent owed.

Hence, Practically the best thing your friend can do is to get out of the lease ASAP.

The most important question is, are they still within the fixed term contract, or are they on a rolling contract? If the former they are legally bound to see out the agreement. If the latter then they legally only have to give one months notice. Not two as requested.

Does the ex plan to remain in the property? Are they still on good terms to be civil and sort out issues regarding the flat?

Cliecost

19lottie82 wrote: »

If both of their names are on the lease then both of them are "jointly and seperately" liable for the rent. That means there is no half and half legal responsibility on paying the rent, the LL can chase both or either of them for the full amount of rent owed.

Hence, Practically the best thing your friend can do is to get out of the lease ASAP.

The most important question is, are they still within the fixed term contract, or are they on a rolling contract? If the former they are legally bound to see out the agreement. If the latter then they legally only have to give one months notice. Not two as requested.

Does the ex plan to remain in the property? Are they still on good terms to be civil and sort out issues regarding the flat?

They had a 6 month cont that ended 9/12/12 then month by month verbally with 2 months notice.

From what I get, the ex wants to stay.

MissMoneypenny

It sounds like they have now gone onto a periodic tenancy. They give 1 months notice or the landlord gives 2, from the tenancy start date. It doesn't matter if the contract says they have to give 2 months as that is not what the law says. Letting agents and landlords often get that wrong.

You can read about it Shelter
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

She should end that tenancy so that her name if off the tenancy, to end her liablility. Then the ex can start a new tenancy contract in his name.

Perhaps try posting this on the house buying and renting board
http://forums.moneysavingexpert.com/forumdisplay.php?f=16