Leaving a joint tenancy

gooner_47

I am currently renting a flat with three other guys. We have all signed a 1 year tenancy agreement together which ends in October this year.

When the tenancy expires, I want to move out of the property. I have handed my letter of notice to the landlord, and they have replied with the following:

"We are in receipt of your letter saying you wish to vacate the property on 10th October 2018. As you are joint and severally liable for the whole tenancy we will need to know what the entire tenancy is intending to do on 10th October 2018. If everyone is vacating then we will need a letter signed by all the tenants saying they will give us vacant possession of the property by midnight on 10th October 2018. I will need to be in possession of this by 11th August 2018. If the other three tenants intend to stay then you along with them will be required to find a replacement for you in the tenancy. This would require the payment of the £220 admin fee and you would need to have your replacement in place by 8th October 2018. This would require a Deed of Assignment."

Assuming the other guys remain in the property - is this correct? I was under the impression that once the end of the tenancy had been reached (regardless of whether it was joint and several or not), I am in no longer in any way responsible for finding a new tenant, or indeed paying fees to have them replace me, and could literally just walk out if I so wished. Surely they just have to create a brand new tenancy agreement with whomever they decide to replace me with?

As I understood it, a Deed of Assignment is required if a tenant wishes to leave before the tenancy has expired. I don't want to do this, I want to leave at the end of the contract.

Appreciate any advice you can give me.

buggy_boy

No this is wrong... Any one of the joint tenants can end the tenancy, by giving your notice you are giving notice to end the tenancy for all...

It is up to the other tenants, they can ask for a new tenancy with just the three of them, they can find a new tenant and ask for a new tenancy or they can leave...

You do not need to do anything more, this is the letting agent being lazy and trying to make their problem your problem.

You should tell all your housemates as they will be required to leave at the time you do, if they do not leave thats when it gets complicated cause technically the tenancy would continue and you would be liable.

gooner_47

buggy_boy wrote: »

You should tell all your housemates as they will be required to leave at the time you do, if they do not leave thats when it gets complicated cause technically the tenancy would continue and you would be liable.

Thanks for your reply. This is the bit that I think is confusing me most...

As it stands there are potentially 2 of my flatmates who would want to remain in the property.

If I give notice that I'm leaving at the end of the contract, does that completely end the tenancy for all of us (i.e. I'm "off the hook"), meaning they need to sign a new tenancy agreement with 2 new people if they want to stay...

OR does my notice effectively become worthless if they remain - because we are all joint and severally liable as "one" tenant? Meaning if they stay beyond the expiry date and start a new periodic tenancy, them doing that creates a new periodic tenancy for ALL of us, and I am still liable - regardless of the fact I gave notice?

Pixie5740

Assuming this is England or Wales...

You don't serve notice to end a fixed term contract it just ends at the end of the fixed term. If all joint tenants do not vacate the property or sign a new tenancy agreement then you will automatically start a periodic tenancy the day following the end of the fixed term.

Once the periodic tenancy starts you can then serve notice to end the joint (periodic) tenancy. That notice will end the joint tenancy for all the joint tenants. However, if one (or more) of you fail to vacate the property by the end of the notice period the landlord can charge you double rent under the Distress for Rent Act 1737.

See G_M's Guide to Ending/Renewing an AST for further information.

Pixie5740

buggy_boy wrote: »

You should tell all your housemates as they will be required to leave at the time you do, if they do not leave thats when it gets complicated cause [STRIKE]technically [/STRIKE] legally the tenancy would continue and you would be liable.

Fixed it. :beer:

saajan_12

gooner_47 wrote: »

I am currently renting a flat with three other guys. We have all signed a 1 year tenancy agreement together which ends in October this year.

When the tenancy expires, I want to move out of the property. I have handed my letter of notice to the landlord, and they have replied with the following:

"We are in receipt of your letter saying you wish to vacate the property on 10th October 2018. As you are joint and severally liable for the whole tenancy we will need to know what the entire tenancy is intending to do on 10th October 2018. If everyone is vacating then we will need a letter signed by all the tenants saying they will give us vacant possession of the property by midnight on 10th October 2018. I will need to be in possession of this by 11th August 2018. - does your tenancy agreement specify notice to leave at the end of the fixed term? If yes, and this notice isn't served, you can still end the tenancy by you ALL leaving by the end of the fixed term but you may be civilly liable for the LL's consequential losses e.g. rent during a void. If no, ignore the bit about notice.

However the LL is correct in that you ALL need to vacate by the end of the fixed term in order for the tenancy to end at that point. Else, you jointly and severally continue on a periodic tenancy. If the other three tenants intend to stay then you along with them will be required to find a replacement for you in the tenancy. -
Well technically you would continue on a periodic tenancy,
and they are offering you the option of getting a replacement.
This would require the payment of the £220 admin fee and you would need to have your replacement in place by 8th October 2018. This would require a Deed of Assignment.- fair enough,
these are the terms of them allowing you to find a replacement tenant. The alternative is you continue as a joint tenant on a periodic tenancy.
"

Assuming the other guys remain in the property - is this correct? - Yes, other than maybe the bit about notice. I was under the impression that once the end of the tenancy had been reached (regardless of whether it was joint and several or not), I am in no longer in any way responsible for finding a new tenant, or indeed paying fees to have them replace me, and could literally just walk out if I so wished. - Only if you all leave. The tenants are legally one unit, so that whole unit can walk out at the end the fixed term. However if part of that unit stays, then the tenancy has not ended, but continues with the same terms (and same parties)
as the original, just as a periodic. You are responsible for ongoing rent,
and have the option of finding a replacement instead. Surely they just have to create a brand new tenancy agreement with whomever they decide to replace me with? - The LL and other tenants can CHOOSE to create a brand new tenancy starting after the fixed term, but they are under no obligation to provided some/all the existing tenants remain in the property and the tenancy continues as periodic.

As I understood it, a Deed of Assignment is required if a tenant wishes to leave before the tenancy has expired. I don't want to do this, I want to leave at the end of the contract. - Yes, you are leaving before the tenancy expires. Only the fixed term has ended, and unless you ALL leave by the fixed term, the tenancy doesn't end there.


Appreciate any advice you can give me.

The tenants are legally one unit,
* All tenants leave by end of fixed term -> tenancy ends there
* Some tenants remain after fixed term -> tenancy continues as periodic
* Some tenants serve notice during periodic tenancy -> periodic tenancy ends for all
* Some tenants remain after tenancy ended (by serving notice during periodic tenancy in line with periods) -> tenants liable for double rent under Distress for Rent act.

So once the tenancy is periodic, you can serve notice and all of you must leave by the expiry or you'll be jointly liable for double rent. That only buys you and the other tenants an extra month or two depending on when you serve notice, to either vacate or find another housemate and sign a new tenancy with the LL.

So I would suggest you come to an agreement with your housemates or find a replacement. Worst case you can force the other housemates' hand by serving notice once the tenancy is periodic, but you'll also be liable for double rent until everyone vacates.

G_M

buggy_boy wrote: »

No this is wrong... Any one of the joint tenants can end the tenancy, by giving your notice you are giving notice to end the tenancy for all...

This is catagorically not true.

Notice by one joint tenant is only valid in a periodic tenancy, not a fixed term as here

Notice is not required by anyone to end the tenancy on 10th October, providing you all move out.

If you don't all move out, the tenancy continues as a periodic tenancy, with all the original joint tenants.



The agent is offering a valid alternative: for the tenancy to continue as a periodic tenancy, but with a new person substituted in your place. For this, as they say, a Deed of Assignment is required. A costt is likely for this.


An alternative would be for the current tenancy to be ended, and a brand new one to start, with new joint tenants (some of whom may be the original ones).

gooner_47

Thanks guys, I understand now. Not what I was hoping for at all, but there we go.

Not least because it'll cost £220, but also last time we had to find a tenant when someone left halfway through the tenancy was an absolute nightmare. The landlord insists on the deposit in cash, which everybody sees as a huge red flag.

I don't want to be "that guy" that potentially kicks my flatmates out by serving notice during the periodic tenancy period.

buggy_boy

gooner_47 wrote: »

Thanks guys, I understand now. Not what I was hoping for at all, but there we go.

Not least because it'll cost £220, but also last time we had to find a tenant when someone left halfway through the tenancy was an absolute nightmare. The landlord insists on the deposit in cash, which everybody sees as a huge red flag.

I don't want to be "that guy" that potentially kicks my flatmates out by serving notice during the periodic tenancy period.

Is the deposit being held in a deposit protection scheme?

gooner_47

Yes, it is.