Rolling tenancy with ex boyfriend and wanting to

x34cha

I have a rolling tenancy with an ex boyfriend and I left there over 1 month a go, I emailed the old agency a month a go asking them if I could be removed from the tenancy and they said I would need to give them written notice, so I emailed them giving the notice and they said they will check with my ex boyfriend if thats ok.. I never got an email back from them and figured I would have been removed.. as I understand if your tenancy is month to month then any tenant can end the contract so why they said they will check with my ex in the first place I don't know. Anyway over the past 2 weeks I have been sorting out renting another property with another agency, I went to view the place, liked it and later on they emailed me saying if you pay the deposit now, we can stop all further viewings from other people, so I did so.. they then said that they would do all the reference checks and a few days later contacted me saying everything is good and that my move in date was the 26th of this month, they sent me the final invoice for the admin fee and the first months rent. Now, today I get a call from them.. 3 days before my move in date, saying that they can't continue with this because they heard back from my old tenancy agency saying that I was still on the contract, they said that I don't have a end date for the contract and that I'm still on the contract so they can't continue, they asked me to ring them back and I'm going to tommorow, where does this leave me? I have made so many plans to be moving out in 3 days!!! I have not paid the first month rent and admin fee, I was going to do that tommorow.

ThePants999

Your old agency are mistaken. If you've served valid notice, the tenancy will end after your notice period. Because you had a joint tenancy, either of you can serve notice to end it. Sadly, you're not just removing your name from it - you're actually ending the tenancy for your ex too - but I'm sure they'd let him start a new one!

x34cha

Yes so why did they say they are going to check with him? because I served valid notice, regardless of what they say, is that legally binding then? what do I do now? go to the old agency and say what? what do I tell the new agency? am I off the contract now anyway.. even though my ex is still living there..? very confusing.

Pixie5740

Does your tenancy agreement say that serving notice by email is acceptable? Usually notice has to be sent to the address for the serving of notices given in your tenancy agreement which means sending a letter.

Yes, one of the joint tenants can serve notice to end the tenancy, however all the joint tenants will need to vacate the property or your ex and the landlord would need to agree to sign a new tenancy just between the two of them. If you serve valid notice and your ex doesn't leave and doesn't sign a new tenancy agreement then legally the landlord could charge you double rent.

Read G_M's guide to Ending & Renewing an AST for more information.