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Shared Assured Shorthold

Hi folks, hope you can help.

Okay, so there are two of us on a shared assured shorthold tenancy. I'm staying, the other wants to leave asap. Can he hand in his notice immediately, or must he wait until the next rental date is due and hand it in then?

We just paid rent on the 24 May, next payment obviously due on 24 June. I think that he is going to have to wait until 24 June and then give his month notice then, and will be liable for his half of the rent until 23 July if that's the case. Am I right?

Opinions much appreciated.

Thanks.

Comments

  • Oh, it's a joint tenancy, by the way. That's what I meant by shared!
  • tim123456789
    tim123456789 Posts: 1,787 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Whay do you mean you're staying

    1) You're going to pay 100% of the rent on you own
    2) You're going to find a new co-tenant yourself and ask LL to replace them on the tenancy.
    3) You expect LL to find a new co-tenant?

    (1) & (2) How your co-tenant gives you notice to arrange this is entirely between them and you. There are no rules until you come to negotiate the new contract with the LL

    3) Can't be done. If one half of a joint tenancy want's to give notice they do so on behalf of both parties.
  • It's going to be either 1) or 2). More likely 1), I will stay on my own. So it's between us? No notice period unless it's the pair of us? Hmm...
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    We just paid rent on the 24 May, next payment obviously due on 24 June. I think that he is going to have to wait until 24 June and then give his month notice then, and will be liable for his half of the rent until 23 July if that's the case. Am I right?

    From the landlord's perspective there's no such thing as "his half" of the rent. You and your friend have jointly contracted with the landlord, and you've both agreed that you'll pay the whole amount to LL. How you and your friend choose to split that liability between you is your own business, and no concern of the LL's.

    G_M has a pretty comprehensive post on how tenancies can be brought to an end. From what you've posted, I don't know how much notice (if any) you'd need to give if you wanted to bring the tenancy to an end - it depends on whether or not you're still in the fixed term.

    If one of the joint tenants gives notice, then that brings the whole tenancy to an end. If you want to stay, it's a bad idea to fall out with your friend.

    If your friend wants to be released from the tenancy, then effectively you're negotiating a new tenancy with the LL. "Negotiating" is the key word in that; you might not like his terms, and he might not want to let to you alone.
  • Thanks for your reply, and for the link to that other post. Think I'm clear now.
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