Ending a joint periodic tenancy agreement

arte

Hello

I've been sharing a property with my flatmate for over 4 years as a joint tenancy agreement, we are now on a periodic tenancy monthly contract.

We got along pretty well for most of this time but since last Summer we have been having ongoing issues that have caused me big stress both physically/mentally and even financially as I will explain below. It's a common scenario, he has met someone and suddenly his partner was staying in our flat more and more without anything be asked or discussed with me, they were spending time in his room most of the time but that doesn't mean much since there was suddenly a third person using the flat. Anyway after me trying to discuss the situation with my flatmate and him trying to avoid having a chat about it, one day I had a first burst at his partner after finding once again wandering around in the flat during the day while my flatmate was at work. Result was that the partner stopped staying here all day but was still coming 4/5 times at week and leaving 1 or 2 hour after my flatmate went to work. You can understand how much stress this has been causing me. In December after yet another bad episode I couldn't keep it anymore and I had an argument with my flatmate. My only point was to let him understand that this was not fair and he should have asked/told me about it. Of course his reaction to the argument was for him to turn it into a war, accusing me of things like wanting to sabotage his relationship and life with my !!!!!!!!. Plus he accused me of having used our living room as an extension of my room since I had my pc and desk in there and various items, asking me to either empty the room immediately or pay £200 more on my rent quote and in his words this was not negotiable. I gave him that money as I found myself under the pressure of the moment and I moved most of the stuff in my room even if I knew he didn't have any rights to do what he did.

We finally had a chat one month after the argument and after he asked the money again which this time I refused to give him. I told him that I'm happy to give the notice and move over this negative chapter. Now he is of course keen in taking over the contract with his partner. If I want to give notice before the official end of the contract which is in May how will my deposit be given back to me, the estate agent we rent from said him or the person who take over should pay to me but because of these previous episodes I don't trust them in doing so. Do I have to give the notice exactly on the day the monthly rent is due or I can just give it any day of the month?

If there is any other suggestions you might have for me to be sure I'm protected in this situation please let me know

Many thanks.

pmlindyloo

First of all you say that you are on a periodic tenancy (month to month) and then you say the contract ends in May! So which is it? It will make a difference to the advice given.

Guest101

How does your contract end in may if you're periodic?


Once you give notice, your contract ends, you must both leave. Your deposit must be returned. What he does is between him and the landlord, nothing to do with you


if you both don't leave, you are both jointly liable for double rent.

pmlindyloo

A useful link for you:

https://england.shelter.org.uk/housing_advice/private_renting/joint_tenancies

arte

pmlindyloo wrote: »

First of all you say that you are on a periodic tenancy (month to month) and then you say the contract ends in May! So which is it? It will make a difference to the advice given.

Yes sorry I didn't explain well there. The last shorthold tenancy agreement started in May 2015 and after May 2016 it went automatically into a periodic tenancy since the estate agent never asked to changed it or else. So when I said May I meant the official date of the contract.

Thanks

Guest101

arte wrote: »

Yes sorry I didn't explain well there. The last shorthold tenancy agreement started in May 2015 and after May 2016 it went automatically into a periodic tenancy since the estate agent never asked to changed it or else. So when I said May I meant the official date of the contract.

Thanks

That makes no sense whatsoever.

pmlindyloo

arte wrote: »

Yes sorry I didn't explain well there. The last shorthold tenancy agreement started in May 2015 and after May 2016 it went automatically into a periodic tenancy since the estate agent never asked to changed it or else. So when I said May I meant the official date of the contract.

Thanks

OK so you are on a periodic tenancy.

The link I gave you tells you what to do and if you click on the inside link it tells you how to end a periodic tenancy. However, you still need to check the last contract agreement and see if it says anything about what notice you have to give if you go onto a periodic contract (this clause would create a contractual periodic tenancy and might require you to give two months notice) if nothing is said in the contract about a periodic tenancy then you can follow the advice in the link.

Your giving notice will end the tenancy so you need to discuss this with your flatmate. It will be then up to him to agree a new tenancy with the landlord.

You must insist that if your flat mate wants a new tenancy then this is what is created. Problems may arise when the LL doesn't create a new tenancy agreement and asks the new tenant (presumably the girlfriend of your flatmate) to give you their deposit.

arte

pmlindyloo wrote: »

You must insist that if your flat mate wants a new tenancy then this is what is created. Problems may arise when the LL doesn't create a new tenancy agreement and asks the new tenant (presumably the girlfriend of your flatmate) to give you their deposit.

That's exactly one of the things I'm scared of and what surprisingly the estate agent has instead suggested me to do. I don't trust my flatmate and his partner giving me the money and don't want to go in there. Can I demand that my part of the deposit would be given back from the TDP and not from any tenant?

arte

Guest101 wrote: »

That makes no sense whatsoever.

Sorry, just me probably creating confusion on a simple matter, but I'm not expert in these things that's why I'm asking for advice.

Hope this will make it more clear anyway. In May 2015 we renewed our contract for this flat for another 12 month period with the typical breaking clause, after the 12 months we have been keeping paying our monthly rent on a rolling month by month formula. That's an automatic switch to a periodic tenancy agreement I believe.

I was saying the next renewal contract is in May because I thought that's how it works, but probably I'm wrong.

Guest101

arte wrote: »

Sorry, just me probably creating confusion on a simple matter, but I'm not expert in these things that's why I'm asking for advice.

Hope this will make it more clear anyway. In May 2015 we renewed our contract for this flat for another 12 month period with the typical breaking clause, after the 12 months we have been keeping paying our monthly rent on a rolling month by month formula. That's an automatic switch to a periodic tenancy agreement I believe.

I was saying the next renewal contract is in May because I thought that's how it works, but probably I'm wrong.

There is no renewal cycle. You are just month - month now until you die (or leave)

G_M

1) your contract does not end in May as it is now periodic. It continues month after month for ever, or until one side ends it

2) Now check your contract for the EXACT date the last fixed term ended: May Xth 2016? This is important as your notie in a periodic tenancy must end on the same day of the month

3)there are 2 ways to manage this. Discuss with the agent as well as the flatmate:

a) his girlfriend takes over youplace in the tenancy. Thi smust be done via a 'Deed of Assignment', signed by you, the g/f, the other joint tenant (flatmate) and the LL/agent. ALL must agree and sign. The g/f can then give you your half of the deposit as she will be taking over the tenancy from you and the LL will then owe her, not you, the deposit he holds.

b) you end the tenancy completely, (either by giving notice,or by mutual agreement with the LL) and the LL/agent gives a brand new tenancy agreement to your flatmate+g/f (or anyone else). The deposit should be returned and a new deposit taken for the new tenancy.

Do NOT agree to an informal handing over to the g/f without one of the above, as legally you would still be a tenant and could be chased for rent arrears or damage.

See also:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?