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Leaving a joint tenancy agreement - who is liable for the rent?

I've been in my current flat for just over two years. The tenancy is an AST with a fixed term of 12 months, so we have now been on a rolling one month contract for the past year or so.

I have recently decided to move out as the rent is very expensive for the area (and the size of my room!) and I've realised I can't really afford it anymore. My flatmate, however, wants to stay in the property.

I found somewhere new to live, and gave my one month's notice to quit on November 20th, so that the last day of my tenancy would be December 19th. I both emailed this and sent a hard copy by recorded delivery to the LA.

My flatmate arranged for a friend of a friend to take my room, however the new tenant is self employed and because of this the LAs have asked for 6 months rent in advance, which he quite understandably can't provide.

The LAs have now said to me that my notice to quit is "not relevant" because they "view properties as a whole" and that I will be liable for the rent until a new tenant is found and pays the deposit, fees, rent etc.

I have read and re-read my tenancy agreement numerous times now, and there is absolutely nothing in there that caters to such a situation where one tenant wants to stay and the other wants to leave, so, as I have explained to them, as far I am concerned I have upheld my part of the contract which requires me to provide one month's notice to vacate the property. In fact, they sent us some "tenancy swap" forms to fill in and on the front of those forms it even says something about there being nothing in the tenancy agreement to allow for such a situation, so I would assume from this that my one month's notice should be sufficient?

I have already paid the deposit on my new place and will be overlapping on rent between the two places for about 10 days too, so I really cannot afford to continue paying rent on my current place past December 19th. I am concerned that we will not find someone else to take the room before then though, due to the price and the size. I am concerned that should this be the case, the LAs will then start to try to deduct rent from my deposit.

I would be extremely grateful for any advice on where I stand legally in this, what my rights are and what I can do about it? Many thanks for your help in advance.
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    The tenancy is finished. Or will be on the 19th.

    Your flat mate should move out. He will no longer have a valid tenancy and could be charged double rent.

    The LA are idiots. You should point out that either tenant is able to hand in notice and that you will have vacated. If they wish to offer a new contract to the remaining person, that is upto them.

    Edit: assuming your notice is valid, u haven't mentioned the tenancy period ( the date your tenancy started)
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    What date did your tenancy start?
    Well life is harsh, hug me don't reject me.
  • Thanks for the replies, my tenancy started on October 20th 2012 initially on a 12 month fixed term, now on a rolling contract.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Thanks for the replies, my tenancy started on October 20th 2012 initially on a 12 month fixed term, now on a rolling contract.

    Then please follow advice above
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    edited 2 December 2014 at 5:20PM
    Guest101 wrote: »
    Then please follow advice above

    Maybe, maybe not...

    Personally, I think the NTQ was given late.
    They would have needed written notice on or before the 19th November 2014.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    Maybe, maybe not...

    Personally, I think the NTQ was given late.
    They would have needed written notice on or before the 19th November 2014.

    I think G_M has a post somewhere highlighting that notice can be served on the first day or the last day. Happy to be corrected on this though.

    I agree that the guaranteed safe way is for it to be the last day, ie 19th
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    I think G_M has a post somewhere highlighting that notice can be served on the first day or the last day. Happy to be corrected on this though.

    I agree that the guaranteed safe way is for it to be the last day, ie 19th

    Again, as I read it, the OP e-mailed their notice on the 20th, and then followed it up in writing.
    Unless their tenancy agreement states that e-mail is fine for serving notices, then the e-mail can be counted as not being given.

    The letter would arrive some days later.

    The letting agent might accept it, but the joint tenant may well assert that no valid notice was given.
    Well life is harsh, hug me don't reject me.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Guest101 wrote: »
    I think G_M has a post somewhere highlighting that notice can be served on the first day or the last day.

    A notice to quit can be served at any time, and it can be expressed as expiring on the last or first day of a period as either date means that it is to take effect at the end of the period.
    Now, that does not mean that serving notice on the first day of a period gives enough notice to end the tenancy at the end of the same period. Certainly the above re. expiry dates has no relation with the issue.

    In any case, it is clear that serving notice at the last minute is running the risk of such arguments.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    thesaint wrote: »
    Unless their tenancy agreement states that e-mail is fine for serving notices, then the e-mail can be counted as not being given.

    The letter would arrive some days later.

    I believe that notices served by recorded delivery are deemed served on the day of posting.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    Again, as I read it, the OP e-mailed their notice on the 20th, and then followed it up in writing.
    Unless their tenancy agreement states that e-mail is fine for serving notices, then the e-mail can be counted as not being given.

    The letter would arrive some days later.

    The letting agent might accept it, but the joint tenant may well assert that no valid notice was given.

    Well it would be a matter of 1 month if that was the case, rather than no notice at all. But I did misread the email part
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