Joint Tenancy with friend - Break clause activated - by one tenant

BigSham

I'm in a Joint Tenancy agreement with a friend.
He lost his job and decided to move, he activated the 2 month notice break clause in our tenancy thinking this only impacted him, I too was unaware of the impact. A week later the agents told me that the break clause meant I too had to leave the apartment at the end of the period. They told me my options were to take over the entire tenancy or find a replacement flatmate and start a new tenancy with someone new. I started looking for a flatmate. A week later the agents told me they had signed contracts with new tenant and I had to leave at the end of the period set out by the break clause, 6 weeks time.

The break clause in the agreement gives both Landlord and tenant the right to terminate the tenancy with 2 months advance written notice. All correspondence has been on email.

I want to stay in the apartment and believe I could find someone to replace my flatmate given adequate time. Can any of you advise on options or my rights? The agents and Landlord know I want to stay, but are not concerned. They told me to leave the apartment in 6 weeks time.

G_M

You and the agent are both wrong.

The Break Clause cannot be activated by one joint tenant. Unless both tenants sign it, it is invalid.

I would write to the agent pointing this out, reminding them you have not agreed to the tenancy being ended via the Break Clause, and hence you will be remaining.

BigSham

@G_M
I hope you are right, but I cannot find anything online the specifies such a law on joint tenancies. I see that one tenant can serve a 'Notice to Quit' but but I'm seeing similar detail on break clauses. The tenancy agreement doesn't specify.

Yalpsmol

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_joint_tenancy

BigSham

That link you sent seems to contradict G_M's response

Ending a joint periodic tenancy
You can serve a notice to end the tenancy. You don't need permission from the other tenants.
When the notice ends, the tenancy and the right to live in the property will end for all tenants.
Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord.

So I remain confused. Thanks for helping so far.

G_M

BigSham wrote: »

That link you sent seems to contradict G_M's response

Ending a joint periodic tenancy
You can serve a notice to end the tenancy. You don't need permission from the other tenants.
When the notice ends, the tenancy and the right to live in the property will end for all tenants.
Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord.

So I remain confused. Thanks for helping so far.

You are not ending a periodic tenancy.


Read the section about ending during the fixed term!

Leaving a fixed term tenancy early

All joint tenants must be in agreement to end a fixed term tenancy early. If you all agree, you could either:

• use a break clause to give notice
• negotiate with the landlord to end it early

If you can't do this, your tenancy won't legally end and you may still be pursued for rent if you leave.

BigSham

Wow! That is interesting.
Thanks a lot G_M and Yalpsmol for helping me here.
Really appreciate you taking the time.

SpiderLegs

G_M wrote: »

You and the agent are both wrong.

The Break Clause cannot be activated by one joint tenant. Unless both tenants sign it, it is invalid.

I would write to the agent pointing this out, reminding them you have not agreed to the tenancy being ended via the Break Clause, and hence you will be remaining.

What if the break clause is worded such that it allows one tenant to activate it?

Slithery

SpiderLegs wrote: »

What if the break clause is worded such that it allows one tenant to activate it?

Then I presume that it's unenforceable due to being overridden by statutory law.