Joint tenancy has ended but one person refuses to leave

breaking_free

Hi there.

My situation is this: I gave the proper one month's notice in writing to end a joint tenancy at the end of its fixed term, which the landlord accepted. This ended the joint tenancy for me and my ex-partner.

My ex-partner refused to move out when the tenancy ended and is now behind with the rent. The landlord wants his apartment back and has issued a section 21.

There is one month's rent owing for the last month of the tenancy and another month's rent owing for the time my ex-partner has stayed on.

As this was previously a joint tenancy am I still liable for my ex-partner's unpaid rent AFTER our joint tenancy ended? Also, if the landlord takes court action can he also claim costs from me for the time AFTER the joint tenancy ended?

Also, my ex-partner changed the locks so I can't go into the flat to retrieve any of my belongings. I wonder if the landlord is legally able to give me a key to get in - I'm assuming not as the joint tenancy is ended.

Thanks for any advice.

thesaint

If you indeed gave proper notice, the tenancy ended at expiry of the notice.

The landlord then had the option to go to court with your notice to remove the person in the property.

You are not liable for rent past the date your notice expired.
You need to ensure the landlord has your address(retain proof), as he may get a court judgement against you both in your abscence.

If you receive a claim from the court, you can defend the Sec 21 for the reasons above.

jjlandlord

From what you said, you are indeed still a joint-tenant, and you should give a proper notice to quit ASAP to end the periodic tenancy and limit your liability.

Cissi

Someone more experienced correct me if I'm wrong but it seems to me that you did indeed end the tenancy by giving one month's notice for the end of the fixed term, which the LL accepted. However, as your ex stayed on I believe that the LL could now claim double rent, for which you're both liable (as it was a joint tenancy).

breaking_free

jjlandlord, I don't have a periodic tenancy with the landlord. In fact my ex-partner doesn't have a periodic tenancy either - he's simply refusing to budge.

I gave the proper notice to end the fixed term tenancy, which was accepted by the landlord.

I don't think the landlord can charge me for rent AFTER the tenancy ends surely? And I don't think I can be held liable for court costs relating to evicting my ex-partner surely?

rpc

breaking_free wrote: »

I don't think the landlord can charge me for rent AFTER the tenancy ends surely? And I don't think I can be held liable for court costs relating to evicting my ex-partner surely?

Joint tenancy, joint and several liability. As far as the landlord need be concerned, you and ex are a single tenant.

Ex may be liable to you, but that doesn't stop you being liable to landlord.

breaking_free

Hi RPC.

The joint tenancy has ended. My ex-partner is effectively squatting.

As the joint tenancy has ended (as agreed by me and the landlord) I don't believe I can still be considered a joint tenant.

Does my liability not end when the joint tenancy ends?

sinizterguy

breaking_free wrote: »

Hi RPC.

The joint tenancy has ended. My ex-partner is effectively squatting.

As the joint tenancy has ended (as agreed by me and the landlord) I don't believe I can still be considered a joint tenant.

Does my liability not end when the joint tenancy ends?

You gave notice to end it.

Half the tenancy (you) left. The other half stayed on (your ex). It's the same as both of you staying on as it was a joint tenancy.

So, in theory, you are liable for all costs/rent, etc. But you could then attempt to claim it off your ex.

xylophone

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

breaking_free

Hi all.

I've gotten off the phone from Shelter.

I'm stuck with the bill.

It turns out that although I emailed the landlord and asked to be removed from the lease AND I replied to his section 21 agreeing to vacate the property at the end of the fixed term (even though I'd moved out 7 months earlier) I am still considered to be a joint tenant as I have not served a valid "Notice to Quit".

I'm about to do that now and send it by registered post tomorrow. Shelter has assured me that once this notice is received I will only be liable for costs/rent arrears up the date of receipt. Not the best result, but at least I have an definitive answer. Thanks to everyone who replied and I hope this thread might assist others in a similar position.

jjlandlord

As advised in post #3.