Practicalities of leaving joint tenancy

Katarzynaa

Good afternoon,
Me and my boyfriend have been renting a house as joint tenants in England since April 2018, the fixed term of 6 months ended and the tenancy is now periodic, rent is paid monthly on the 5th, if we want to move out, we must give one month's notice.
Recently we haven't been getting on too well and I thought I could end the tenancy myself by giving notice to the letting agent, however my boyfriend doesn't want to leave and would like to keep the house but not to sign a deed of assignment and get a new tenancy in his name. Probably to keep me liable out of revenge...
Let's say I serve notice without telling him and move out after that. Here are my questions regarding this situation:
1.What would happen if he refused to move out on the last day or let the agents do the final inspection? Would the tenancy continue even though after the expiry of notice it is formally ended?
2. If he doesn't move out after my notice expires and doesn't sign a new tenancy agreement, would I be liable for bills, damages or landlord's costs of evicting him (if eviction will be needed)?
3. What about water, gas, electricity and council tax bills? Would I be able to ring them up, say that I moved out and he stayed, and leave everything in his name only? Or would utility companies and council contact the letting agents to confirm that I moved out?
4. Is it possible to be tied to this tenancy agreement forever until he wishes to move out as well?
5. Plus, what happens if there is a court judgement for us to reimburse landlord's costs for eviction, damages, etc, but we go into hiding without leaving any forwarding address? Could debt collectors trace us if we don't register on electoral roll in our new dwellings? I don't want to do it, just asking, I know some people hide from courts.

Slithery

As it's a joint tenancy you can't give notice for just yourself, you would be giving notice for the both of you. If either of you fail to leave then the tenancy continues as if no notice was given, except you are now both jointly liable to pay double rent for not vacating. If he refuses to leave then you're stuck until the LL decides to apply to a court for eviction.

Comms69

Katarzynaa wrote: »

Good afternoon,
Me and my boyfriend have been renting a house as joint tenants in England since April 2018, the fixed term of 6 months ended and the tenancy is now periodic, rent is paid monthly on the 5th, if we want to move out, we must give one month's notice.
Recently we haven't been getting on too well and I thought I could end the tenancy myself by giving notice to the letting agent, however my boyfriend doesn't want to leave and would like to keep the house but not to sign a deed of assignment and get a new tenancy in his name. Probably to keep me liable out of revenge...
Let's say I serve notice without telling him and move out after that. Here are my questions regarding this situation:
1.What would happen if he refused to move out on the last day or let the agents do the final inspection? Would the tenancy continue even though after the expiry of notice it is formally ended? Yes and you (both) would be liable for double rent
2. If he doesn't move out after my notice expires and doesn't sign a new tenancy agreement, would I be liable for bills, damages or landlord's costs of evicting him (if eviction will be needed)? - Yes, all of the above (and ongoing rent etc)
3. What about water, gas, electricity and council tax bills? Would I be able to ring them up, say that I moved out and he stayed, and leave everything in his name only? - Your contracts with utilities etc are not related in anyway to your tenancy. Or would utility companies and council contact the letting agents to confirm that I moved out? - No. That would be open to abuse
4. Is it possible to be tied to this tenancy agreement forever until he wishes to move out as well? - yes
5. Plus, what happens if there is a court judgement for us to reimburse landlord's costs for eviction, damages, etc, but we go into hiding without leaving any forwarding address? us? I thought it was just you?? You would get a CCJ Could debt collectors trace us if we don't register on electoral roll in our new dwellings - yes. ? I don't want to do it, just asking, I know some people hide from courts.

You wouldn't be hiding from the courts, you would be hiding from your ex landlord. That is who is owed the money.

Katarzynaa

Okay... and for how long can the landlord charge double rent? For limited time or until both of us move out?
If I want to pass tenancy onto his name only, would I need his signature and landlord's consent? Plus, would he be re-referenced again and required to give a new deposit?
Also, if there are courts involved, how would the landlord choose who to chase for rent, damages and other costs? Some internet websites say that landlords can decide whether to chase one tenant or more of them.

Comms69

Katarzynaa wrote: »

Okay... and for how long can the landlord charge double rent? For limited time or until both of us move out? Until the tenancy has legally ended.
If I want to pass tenancy onto his name only, would I need his signature and landlord's consent? - ofcourse. Otherwise what would be the point of any contract? Plus, would he be re-referenced again and required to give a new deposit? - possibly, but unlikely. There's no set rule on this
Also, if there are courts involved, how would the landlord choose who to chase for rent, damages and other costs? Some internet websites say that landlords can decide whether to chase one tenant or more of them.

Correct, the landlord could flip a coin, or go alphabetical, or go for the one most likely to pay (e.g. the one with a job, assets etc.)


Again it's upto the landlord

Katarzynaa

Thank you for your replies!

Just one more question-when is tenancy considered to be legally ended? When there are no personal items of tenants left, keys returned? Is it needed to sign any documentation before final check out?

Comms69

Katarzynaa wrote: »

Thank you for your replies!

Just one more question-when is tenancy considered to be legally ended? When there are no personal items of tenants left, keys returned? Is it needed to sign any documentation before final check out?

In essence either when the tenants vacate

Or a court grants possession and bailiffs enforces