Joint Tenancy at end of fixed term - Not allowed to leave

[Deleted User]

ConfusedTenant1520 said:

Lover_of_Lycra said:

@ConfusedTenant1520 If I’m reading your responses correctly only A and B are joint tenants.  C is not party to your joint tenancy. I presume that C pays rent to your landlord and not to either A or B which would make C a tenant rather than a lodger of A and B. I wonder what C has a tenancy for since presumably A and B have a joint tenancy for exclusive occupation of the whole property.  The whole thing sounds like a total mess. What does B want to do as I assume you are A in this situation? 

Apologies for the confusion. There are 3 of us in the tenancy agreement. So from the wording above I am neither A or B so I guess I am C?

We all pay rent directly to the estate agents. So myself (C) and A want to leave. B wants to stay. But B also doesn't want to be responsible for all the rent. B initially agreed to be the only one in the agreement but has not signed anything and does not look to be doing so. It is a big mess. I think my LL has said they they will allow B to pay only their 3rd of the rent for us to leave the tenancy due to Covid 19 but B will be liable for all the bills. If no one signs anything A and C will have to pay the rent and bills for the period tenancy which is what the agents have told me. It looks like A and myself (C) will be have no way out of this without paying at least an extra month more than what we budgeted for. I'm not sure if an email is a sufficient written notice to end a period tenancy. I don't think my estate agents is open at the moment and my LL is abroad.

I've got you now although I think the tenant causing all the problems should be C 

It is a big mess a something that does unfortunately happen with joint tenancies, easy to get into less so to get out of.  To serve notice, unless your tenancy agreement specifies that email is an acceptable way to serve notice, you need to write to the address for the serving of notices given in your tenancy agreement....get proof of postage.  Courts deem first class post to have been delivered two working days later.  The fact the letting agency office is closed is irrelevant. 

If you serve notice to end the periodic tenancy then all joint tenants will need to vacate the property or those who wish to remain will need to sign a new tenancy agreement otherwise you're still on the hook for the rent.  In fact you could be liable for double rent under the Distress for Rent Act 1737 although not many landlords and letting agents seem to aware of this.

saajan_12

ConfusedTenant1520 said:

Could it be possible if I am considering holding over if all my possessions have been removed - have indicated I no longer want to live in the property/return keys etc, but Tenant B remains without signing anything?

You're not getting it. In the contract between tenants and LL, You + A + B together, form one party. The LL is the other party. So 'you' personally holding over is irrelevant. The tenants hold are over if any part of their party, or their belongings are still in the property. If no notice was served, then the tenancy continues with the entire party of tenants being jointly liable for rent. If valid notice was served by part of the tenants and (another) part of the tenants don't leave by the expiry date, then the tenants are jointly liable for double rent etc.

This is what you agreed to by signing a joint & several contract: essentially saying I trust my co-tenants and absolve the LL of having to get into inter-housemate disputes. Often the rent as a result is cheaper than individual room contracts in an HMO and/or you're accepted for properties that you otherwise may not be able to afford.