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One person wants to leave a joint tenancy? Scotland

divorceinedinburgh
divorceinedinburgh Posts: 4 Newbie
in House buying, renting & selling

Hi there, Re below, how long is the joint tenant whowishes to leave, liable for their share of the rent during divorce? (Month to month tnancy)

One joint tenant cannot terminate the tenancy on behalf of all tenants. Therefore, to end a PRT, all joint tenants must agree and sign the Notice to Leave, giving the landlord at least 28 days’ notice in writing (unless a shorter notice period has been agreed).

If a landlord receives Notice to Leave from only one joint tenant, that notice will not have the effect of terminating the tenancy and the joint PRT will continue, with both parties remaining liable.



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  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    divorceinedinburgh said:

    Hi there, Re below, how long is the joint tenant whowishes to leave, liable for their share of the rent during divorce? (Month to month tnancy)

    One joint tenant cannot terminate the tenancy on behalf of all tenants. Therefore, to end a PRT, all joint tenants must agree and sign the Notice to Leave, giving the landlord at least 28 days’ notice in writing (unless a shorter notice period has been agreed).

    If a landlord receives Notice to Leave from only one joint tenant, that notice will not have the effect of terminating the tenancy and the joint PRT will continue, with both parties remaining liable.



    Both parties will continue to have joint and several liability to pay the rent. 
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