Ending a Joint Tenancy

DaraghMcD

Hi all,

Bit of a long one so do stick with me on this. I was and am currently still involved with a tenancy whose fixed term ended in October 2018. I moved out of the property and into another one with my partner on the exact day the fixed term ended, after advising the letting agent upon their request that I would not be continuing with the tenancy.

They advised me that it was not as simple as that to end a joint tenancy and set forth terms whereby my previous roommate would need to find someone to replace me within two months or face eviction. When that time came, they moved the goalposts because the "landlord changed his mind".

After a LOT of back and forth with them and eventually serving them official notice on the joint tenancy via a letter sent by email (this was an actual document NOT just an email) they have ignored it. This was in February.

Further to this, again after a lot of back and forth, they insisted I hand the keys back in for the property after being left in limbo for two months on whether or not I should. I have since handed the keys back in and have received notification of this from them, but they have insisted that "one joint tenant cannot server notice on a joint tenancy without the consent of the other joint tenants as this would be unfair to them".

I have consulted with Shelter, CAB, legal experts and the DPS and all have advised me that the letting agent and landlord are wrong in this matter. Can anyone here confirm my stance that if communications have broken down between myself and my former roommate (I won't get into that here but suffice it to say communications have broken down) that I can serve notice on the joint tenancy, with or without his consent, regardless of the contract having vague wording that states we are both considered to be "The Tenant" for the purposes of the contract?

I'm eight months into this dispute, he cannot move onto a single occupant tenancy as he's unemployed and thus would not pass referencing and he's already not paid the rent once. I don't want to be perceptibly liable if whatever resources he's using to pay the rent suddenly run out.

I don't want to render a person homeless, but they're not leaving me with any recourse. Any advice?

Fire_Fox

Welcome to MSE.

Are you saying your ex housemate is still living in the property? The landlord changed his mind on what exactly?

The joint tenancy is not ended until the landlord has vacant possession, or the landlord has formally agreed to end the contract. Serving notice alone does not end the joint tenancy.

Do check out the Tenancies in Eng/ Wales: Guides for landlords and tenants 'sticky' on the main page of this board.

DaraghMcD

Hi,

Yes my ex-housemate is still living in the property and is refusing to budge. The landlord changed his mind on the terms set forth by the estate agent that specifically stated "If (Roommate) has not found a suitable replacement tenant for you within two months of your exiting the property, then the landlord will serve notice on the property."

When the two months rolled around in December of last year, I emailed them regarding this and their response was basically just the landlord had changed his mind.

My question is not surrounding whether the joint tenancy has ended regardless of vacant possession, but rather can the landlord reject the notice given by one tenant to end the tenancy if it's a monthly rolling periodic tenancy and not a fixed term?

Thank you for the sticky, I will be sure to review.

Comms69

DaraghMcD wrote: »

Hi all,

Bit of a long one so do stick with me on this. I was and am currently still involved with a tenancy whose fixed term ended in October 2018. I moved out of the property and into another one with my partner on the exact day the fixed term ended, after advising the letting agent upon their request that I would not be continuing with the tenancy.

They advised me that it was not as simple as that to end a joint tenancy and set forth terms whereby my previous roommate would need to find someone to replace me within two months or face eviction. When that time came, they moved the goalposts because the "landlord changed his mind".

After a LOT of back and forth with them and eventually serving them official notice on the joint tenancy via a letter sent by email (this was an actual document NOT just an email) they have ignored it. This was in February. - You realise that if your ex-flatmate remains in situ, you are liable for double rent now?

Further to this, again after a lot of back and forth, they insisted I hand the keys back in for the property after being left in limbo for two months on whether or not I should. I have since handed the keys back in and have received notification of this from them, but they have insisted that "one joint tenant cannot server notice on a joint tenancy without the consent of the other joint tenants as this would be unfair to them". - they are incorrect (life is unfair)

I have consulted with Shelter, CAB, legal experts and the DPS and all have advised me that the letting agent and landlord are wrong in this matter. Can anyone here confirm my stance that if communications have broken down between myself and my former roommate (I won't get into that here but suffice it to say communications have broken down) that I can serve notice on the joint tenancy, with or without his consent, regardless of the contract having vague wording that states we are both considered to be "The Tenant" for the purposes of the contract? - you are correct. If he fails to leave, you will be liable for double rent

I'm eight months into this dispute, he cannot move onto a single occupant tenancy as he's unemployed and thus would not pass referencing and he's already not paid the rent once. I don't want to be perceptibly liable if whatever resources he's using to pay the rent suddenly run out.

I don't want to render a person homeless, but they're not leaving me with any recourse. Any advice?

Tread softly. If he stops paying rent, they can simply pursue you.

DaraghMcD

Comms69 wrote: »

Tread softly. If he stops paying rent, they can simply pursue you.

Thanks for this. Do you have any links that could back this up that aren't from Shelter, CAB or DPS please? I want to be able to cite sources should this continue with them.

Comms69

DaraghMcD wrote: »

Thanks for this. Do you have any links that could back this up that aren't from Shelter, CAB or DPS please? I want to be able to cite sources should this continue with them.

Sorry I think you've missed my point totally. (Shelter are by far and away the experts on this, if they don't recognise that source, you can always ask the ombudsman that they are a member of)


If you insist the notice is correct - which to be fair at the minute is questionable because email is not usually recognised as suitable - and you ex flatmate stays; the landlord is entitled to (Distress of Rent Act) charge you (yes I mean you personally) double rent on the property.


You need to work with the ex-flatmate on this.

DaraghMcD

Comms69 wrote: »

Sorry I think you've missed my point totally. (Shelter are by far and away the experts on this, if they don't recognise that source, you can always ask the ombudsman that they are a member of)


If you insist the notice is correct - which to be fair at the minute is questionable because email is not usually recognised as suitable - and you ex flatmate stays; the landlord is entitled to (Distress of Rent Act) charge you (yes I mean you personally) double rent on the property.


You need to work with the ex-flatmate on this.

As stated previously, communications between us have broken down. I did not send the notice via email, but sent it in a valid document (Word document, signed and dated) via email. Hope that's a bit clearer now.

I sent the letter to him in February directly.

saajan_12

DaraghMcD wrote: »

Hi all,

Bit of a long one so do stick with me on this. I was and am currently still involved with a tenancy whose fixed term ended in October 2018. I moved out of the property and into another one with my partner on the exact day the fixed term ended, after advising the letting agent upon their request that I would not be continuing with the tenancy.- okay, did you serve formal notice in line with the tenancy agreement? "advising the LA is probably not that, and besides rare that notice served before the end of the fixed term is valid. You can't unilaterally decide to 'not continue with the tenancy'.

They advised me that it was not as simple as that to end a joint tenancy and set forth terms whereby my previous roommate would need to find someone to replace me within two months or face eviction. - so the LL is offering to consider a replacement. They don't have to do that. When that time came, they moved the goalposts because the "landlord changed his mind". - LL can choose to change their mind on an offer. There was no consideration (ie you were not giving up something in return for this offer) so it was not a new binding contract on teh LL. The original tenancy agreement still stands.

After a LOT of back and forth with them and eventually serving them official notice on the joint tenancy via a letter sent by email (this was an actual document NOT just an email) they have ignored it. This was in February. - sending a word doc by email is still by email. What did the contract specify as the 'address for serving notices"? If it specified an email address then fine, but if it was only a physical address, then this notice is invalid.

Further to this, again after a lot of back and forth, they insisted I hand the keys back in for the property after being left in limbo for two months on whether or not I should. I have since handed the keys back in and have received notification of this from them, but they have insisted that "one joint tenant cannot server notice on a joint tenancy without the consent of the other joint tenants as this would be unfair to them". - That's really between the tenants. However if you did serve valid notice, then the LL could charge you BOTH jointly double rent under the Distress for Rent Act until the LL receives vacant possession. Your joint responsibilty is to ensure the entire property is vacated of people, pets, and property by the notice expirt, which you have failed to do.

I have consulted with Shelter, CAB, legal experts and the DPS and all have advised me that the letting agent and landlord are wrong in this matter. - what exactly have yo utold them. Can anyone here confirm my stance that if communications have broken down between myself and my former roommate (I won't get into that here but suffice it to say communications have broken down) that I can serve notice on the joint tenancy, with or without his consent, regardless of the contract having vague wording that states we are both considered to be "The Tenant" for the purposes of the contract? - yes, you're both "The Tenant" and can serve notice. You're also both "The Tenant" who has failed to give vacant possession.

I'm eight months into this dispute, he cannot move onto a single occupant tenancy as he's unemployed and thus would not pass referencing and he's already not paid the rent once. I don't want to be perceptibly liable if whatever resources he's using to pay the rent suddenly run out. - that's what you risk when signing a joint tenancy.

I don't want to render a person homeless, but they're not leaving me with any recourse. Any advice?

DaraghMcD wrote: »

Hi,

Yes my ex-housemate is still living in the property and is refusing to budge. The landlord changed his mind on the terms set forth by the estate agent that specifically stated "If (Roommate) has not found a suitable replacement tenant for you within two months of your exiting the property, then the landlord will serve notice on the property."- when he stated that, what did you do / give up in consideration? I expect nothing, so this was not a binding contract.

When the two months rolled around in December of last year, I emailed them regarding this and their response was basically just the landlord had changed his mind. - The LL is entitled to change their mind.

My question is not surrounding whether the joint tenancy has ended regardless of vacant possession, but rather can the landlord reject the notice given by one tenant to end the tenancy if it's a monthly rolling periodic tenancy and not a fixed term?
- first notice was during fixed term, so yes can be rejected.
- second notice was by email so yes can be rejected (unless address for serving notices is that email address)


Thank you for the sticky, I will be sure to review.

It's in your favour that your notice was not considered valid. If it was accepted then LL could charge you BOTH double rent jointly and severally under Distress for Rent act, for failing your joint responsibility to provide vacant possession.
The whole point of the LL letting to 2 tenants jointly is to have two people responsible for the obligations. However that doesn't mean they have to intervene in disputes and kick out your roommate for you.

Fire_Fox

DaraghMcD wrote: »

Hi,

Yes my ex-housemate is still living in the property and is refusing to budge. The landlord changed his mind on the terms set forth by the estate agent that specifically stated "If (Roommate) has not found a suitable replacement tenant for you within two months of your exiting the property, then the landlord will serve notice on the property."

When the two months rolled around in December of last year, I emailed them regarding this and their response was basically just the landlord had changed his mind.

My question is not surrounding whether the joint tenancy has ended regardless of vacant possession, but rather can the landlord reject the notice given by one tenant to end the tenancy if it's a monthly rolling periodic tenancy and not a fixed term?

Thank you for the sticky, I will be sure to review.

One party can serve the notice, but unless both vacate the tenancy is not ended. Reads to me as the landlord or their agent rejecting your belief that serving notice alone can end a joint tenancy. It cannot.

You remain jointly and severally liable for the full rent until the tenancy is ended.