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

jjlandlord

Guest101 wrote: »

Well it would be a matter of 1 month if that was the case

If the notice is invalid it does not magically becomes valid for the next period.

Guest101

jjlandlord wrote: »

If the notice is invalid it does not magically becomes valid for the next period.

I meant he could serve notice again and it would be a matter of 1 months difference.

G_M

1) The emailed notice is invalid unless either a) the tenancy agreement specifies email at that email address for notces or b) the LL/agent acknowledges/accepts receipt of the email

2) so the critical date is the written notice

3) recorded delivery is deemed served on the date the recipient receives/signs for it

4) unrecorded 1st class post is deemed served 2 postal days after posting

5) the contentious debate about serving on 1st/last day of period is irrelevant here since it was posted on the first day of the period, so could not have been served till later

6) thus notice was served late, and depending on the wording of the notice, will either come into force a month later, or need re-serving

7) once correctly served, notice by any one of the joint tenants applies to the tenancy as a whole, and all joint tenants should vacate (unless one or more of them set up a new agreement wth the LL/agent)

8) double rent can be charged if the tenants do not vacate

9) ALL joint tenants would be equally liable for any double rent in the event of a failure to vacate

jjlandlord

G_M wrote: »

3) recorded delivery is deemed served on the date the recipient receives/signs for it

Based on?
See my previous post #10.

G_M wrote: »

9) ALL joint tenants would be equally liable for any double rent in the event of a failure to vacate

Based on?

G_M

Yes, I saw post 10.

Based on your belief?

jjlandlord

I see, so you have no references to provide

thesaint

jjlandlord wrote: »

I believe that notices served by recorded delivery are deemed served on the day of posting.

Am I missing something? :huh:

G_M

I believe that notices served by recorded delivery are deemed served on the day of posting.

thesaint wrote: »

Am I missing something? :huh:

Yes. Any references to back up this claim.....

:rotfl:

System

All Assured Shorthold tenancy agreements are joint and several, so if one person gives notice it will automatically refer to the other tenant as well, the same applies to the rent, both tenants are liable for the full amount.

Notice has to be served in line with your contract dates and needs to submitted in writing and recieved by the agent on or before the rent due date.

If your move in date was the 19th you rent month would be the 19th to the 18th. Very few agents will accept notice after the due date even if its one day late.

G_M

Simonr66 wrote: »

[STRIKE]All[/STRIKE]Most Assured Shorthold tenancy agreements are joint and several, so if one person gives notice it will automatically refer to the other tenants as well, the same applies to the rent,[STRIKE] both[/STRIKE]all tenants are liable for the full amount.

Notice has to be served in line with your contract[STRIKE] dates[/STRIKE]periods and needs to submitted in writing unless otherwise specified or agreed and recieved by the landlord or his agent, as specified, at the address specified, on or before the [STRIKE]rent due date.[/STRIKE]last day or the relevant contract period

If your [STRIKE]move in[/STRIKE]contract start date was the 19th you[STRIKE] rent month[/STRIKE]contract period would be the 19th to the 18th. Very few agents will accept notice after the due date even if its one day late.

Sorry for being pedantic, but when giving legal guidance......

In particular, rent due dates may not align with contract periods, so 'rent days' are irrelevant.