Moved out but still contacted

hamilton987

Pixie5740 wrote: »

No you didn't provide notice, you sent an email. Did your tenancy agreement say you could serve notice by email?

So I called the LL to advise of my intention to move out - I told her the two other tennants would cover the cost of the rent and the LL was fine just asked me to contact RR to sort things their end

I called RR who advised I would need written confirmation - I said since they are only around the corner from me can I just drop it in or should I post it. RR advised me that I could drop it in or if it was easier send an email to the branch directly which I did.

davidmcn

hamilton987 wrote: »

This is what I can't understand though - I provided that notice to the agent (it was Reeds Reins who asked me for that confirmation when I told them and the LL of my intention to move out) the LL gives all the property management to Reeds Reins?

If you sign up to a joint tenancy, individual tenants can't just walk away from it by serving notice. Either the landlord agrees to entering into a new agreement with the remaining tenants (and they have absolute discretion about whether they want to do so), or you end the tenancy completely (i.e. you serve proper notice and everyone moves out).

Pixie5740

hamilton987 wrote: »

So I called the LL to advise of my intention to move out - I told her the two other tennants would cover the cost of the rent and the LL was fine just asked me to contact RR to sort things their end

I called RR who advised I would need written confirmation - I said since they are only around the corner from me can I just drop it in or should I post it. RR advised me that I could drop it in or if it was easier send an email to the branch directly which I did.

As explained, that's not how it works. Your intention to move out, nor indeed you actually moving out, is enough to end a joint tenancy. If the landlord has left the managing of the property entirely up to RR then RR should either have agreed an early surrender (since you were still in the fixed term) and issued a new tenancy agreement to A and B or organised a Deed of Assignment (I think) to remove you from the joint tenancy and replaced you with B. Otherwise the joint tenancy and therefore your liability will not end.

You might have to explain this to RR and your landlord. In fact you might want to point them in the direction of G_M's guide to Ending/Renewing as AST.

Guest101

hamilton987 wrote: »

So I called the LL to advise of my intention to move out - I told her the two other tennants would cover the cost of the rent and the LL was fine just asked me to contact RR to sort things their end

I called RR who advised I would need written confirmation - I said since they are only around the corner from me can I just drop it in or should I post it. RR advised me that I could drop it in or if it was easier send an email to the branch directly which I did.

I don't understand why your not taking on board what people are telling you?


We have no interest in deceiving you, nor anything financially to gain. Yet you seem to have taken the word of the LL and RR - who do have something to gain by deceiving you - as fact.


Clearly the LL still has you down as a tenant, otherwise why contact you for the GSC?!

hamilton987

It's not that I'm not taking it on board I just wanted to make sure that it wasn't an oversight or if there was anything further I need to do - I will get in contact with both the LL and RR and advise them of the situation and then send the written paperwork to them both.

Recorded and signed for should do the trick. Thanks for all the help.

Guest101

hamilton987 wrote: »

It's not that I'm not taking it on board I just wanted to make sure that it wasn't an oversight or if there was anything further I need to do - I will get in contact with both the LL and RR and advise them of the situation and then send the written paperwork to them both.

Recorded and signed for should do the trick. Thanks for all the help.

First class, proof of posting.


Signed for letters can be refused.

itchyfeet123

You probably should make sure A or A+B are willing to sign a new lease too.

hamilton987

itchyfeet123 wrote: »

You probably should make sure A or A+B are willing to sign a new lease too.

I can't see that being an issue - but if they don't are they just left with the option to vacate - I wouldn't be forced to remain on the lease if they didn't want to sign a new one would I?

Guest101

hamilton987 wrote: »

I can't see that being an issue - but if they don't are they just left with the option to vacate - I wouldn't be forced to remain on the lease if they didn't want to sign a new one would I?

For the third time if they refuse to leave you can be charged DOUBLE rent.

gingercordial

hamilton987 wrote: »

I can't see that being an issue - but if they don't are they just left with the option to vacate - I wouldn't be forced to remain on the lease if they didn't want to sign a new one would I?

Not exactly "forced to remain on the lease" but...

Handing in your notice properly will terminate the tenancy agreement that you and A currently have.

At the end of that notice period, certain things might happen:

1. A and B both move out. No further liability as long as all rent is paid to the end of the tenancy agreement.

2. A, or A and B together, sign a new tenancy agreement. You will not be on this contract so you will have no further liability.

3. A and B do not sign a new contract but also do not move out. They simply remain in the flat. You and A are now liable for double rent because you gave notice but all the occupants did not move out at the end of the notice period. This is under the "Distress for Rent Act".

You had better agree with A what is going to happen, because option 3 would be very bad for you and there would be nothing you could do about it. In particular A might just assume they can stay on a rolling contract and so accidentally invoke option 3 without even thinking. You need to be sure that everyone understands the correct position and that A/B are willing to sign a new contract if they want to stay.

ETA: you are going to have to approach this carefully with A because I expect the letting agent/landlord will take this opportunity to charge renewal fees, referencing fees for B, and possibly even a rent increase. So A is not going to thank you for giving notice. However you need to point out (nicely!) that you have no choice but to give notice to extract yourself properly from the current tenancy and, given the possibility of double rent, it is in A's interest to then sort out a new contract rather than just staying on without one.