Joint tenancy - can one remain when the other leaves

sezzer

Hi - I rent a flat with one other. She has recently given four weeks notice as she is moving in with her boyfriend.
I thought I would be able to stay either by paying the full rent myself, or finding someone to take her room.

However, the letting agent is saying that I have to leave as well:

'the notice is effective for the both of you, as your tenancy is out of the fixed term and is on a Statutory periodic basis'

Is this right? As I have lived in shared accommodation before, and have taken over rooms from departing housemates and vice versa.

Thanks for your help in advance

LEJC

Have you asked about taking out a tenancy on the flat in just your name?

Pixie5740

4 weeks notice? Do you pay your rent weekly or 4 weekly?

The letting agent is correct (makes a nice change). As joint tenants you are effectively one entity. One of the joint tenants serving notice ends the tenancy for all the joint tenants. If you remain in the property after the notice period then the landlord can claim double rent under the Distress for Rent Act 1737.

Some landlords and letting agents are lazy when it comes to shared accommodation. When someone leaves and a new person comes in the tenancies should be surrendered and a new tenancy created. Alternatively a deed of variation can be drawn up. Often, neither or those things happen.

Would you be able/willing to sign a new tenancy agreement in your name only or a new joint tenancy agreement with someone else?

waitingformagic

I've had joint tenancies with two exes and the first time my ex got the place and I signed it over to him and the second time I got it signed over to me. You should just need to prove you can afford to live there on your own and they can put it solely in your name. I don't know if there are other rules but that could be something worth asking them about at least?

Alternatively, you could search for a new housemate over the next 4 weeks and then have them added to the tenancy. That was an option I was given but declined as I didn't want a stranger on my tenancy, however I know a lot of people in shared houses who advertise rooms on Spareroom even though it's through an agent and the agents are happy with that? Less work for them and they still get the money, I guess!

Maybe throw those options at them and see what they say?

Sharon87

I would tell them you want to take up the tenancy from the day after the old one expires. Either have it in your name or find a person to live with you on spare room. The landlord will still want it rented out, it's not the LL giving notice, it's 1 tenant. Just tell the agents you'll need a new contract to sign.

sezzer

Hi the first thing I said was that I would take over the tenancy as I wanted to stay - and they said I would have to leave on the same date as my flatmate - giving the reasons above.

So it seems that finding someone to take over the tenancy, or me being the sole tenant is not an option with my letting agency - which I can't understand as with all the other places I've lived in I've replaced someone, signed a tenancy agreement with the other tenants, and then replaced myself when I left.

G_M

Yes the agent is right.

You have a joint tenancy. It either ends, or continues. In this case notice has been served to end it, so it will end.

Whether you have to actually move out depends on whether you and the landlord (or his agent) agree to start a new tenancy, either in your sole name, or jointly with someone else.

weather83

The exact same thing happened to me earlier this year. I posted here for advice. (new user, so can't post a link to it)

In past houses it sounds like you all had individual tenancy agreements, so if one person left, everyone else's tenancy continued as normal. When you have a joint tenancy, if one person gives notice, it gives notice for the whole tenancy.

When my housemates wanted to move out, I asked the letting agency if I could stay, find new tenants, and sign a new tenancy (as we'd done several times before over the years). The agency gave a definite no. I spoke directly to my landlady and she was happy for me to stay.
She got in touch with the agency and sorted it out.

I ended up finding new tenants and signing a new joint tenancy with them. This wasn't as good for the letting agency (less fees) but it was better for the landlady (existing good tenant find new good tenants).

Your landlord is the agency's customer, so it's him they want to keep happy, not you.

Bypass the letting agency and talk to your landlord direct.

sezzer

Thanks I'll try the landlady, as the letting agent is saying I will definitely need to leave.

sezzer

The letting agent has now decided after receiving an email from DPS that I could stay but a new tenancy would have to be drawn up - they are however going to put the rent up £100 per month!

Pixie5740

sezzer wrote: »

The letting agent has now decided after receiving an email from DPS that I could stay but a new tenancy would have to be drawn up - they are however going to put the rent up £100 per month!

???? What email from DPS?

As already explained notice has been served to end the joint tenancy. Your options are to move out when the other joint tenant does or face paying double rent, or sign a new tenancy agreement which is what it appears you are being offered.