Ending Tenancy - SPT - Questions

saajan_12

dg121 said:

So in that case I'm in a contract I cannot get out of if people choose to hold me to it. A SPT in a jointly liable contract can end up where one person can never leave?

The point is you didn't enter into it as one person. 'You' as an individual are not party to the contract. 'You' (plural) as 'the Tenants'  are party to the contract and terminate it by serving notice + vacating together. 

greatcrested

As explained, so far as the tenancy contract is concerned, 'The Tenant' is a single legal entity.

So if the tenancy ends, it ends for all.

If it does not end or there is damage etc, then all are equally liable 'jointly and severally', which means the LL can pursue you all jointly for the full debt, or individually for the full debt.

So in this case, if you serve notice, it is important that either

* you all leave (ie 'The Tenant' leaves), or

* you leave but the remaining joint tenants agree a new tenancy agreement to stay.

Since you have a poor relationship with them, I agree this puts you in a difficult position, but if you stress to them the risk of you all being charged double rent, they may be more reasonable.

I'm in a contract I cannot get out of if people choose to hold me to it. A SPT in a jointly liable contract can end up where one person can never leave?

I'm afraid this is the risk with joint tenancies. Entering into a joint tenancy is a significant commitment, not wise with people you don't know well or trust, since it is by definition a joint/shared responsibility.

Your other option is, indeed, to find a replacement tenant. If you do, and assuming that both the landlord and the other joint tenants accept this new individual, the tenancy can be 'assigned' from you to the replacemet tenant. See

https://www.landlordzone.co.uk/pdf/Licence-Deed-of-Assignment.pdf

dg121

Thanks very much for clarifying that. It seems then this is a significant drawback of allowing a tenancy to turn into a SPT, as in a fixed tenancy you can just leave at the end. Though again, doesn't really get around the issue of one tenant wanting to leave but the others deciding to stay.

Unfortunately it seems the only way to really do it in London since going it alone is often so out of reach for the vast majority of people.

saajan_12

dg121 said:

Thanks very much for clarifying that. It seems then this is a significant drawback of allowing a tenancy to turn into a SPT, as in a fixed tenancy you can just leave at the end. Though again, doesn't really get around the issue of one tenant wanting to leave but the others deciding to stay.

No, it would be the same thing. The tenancy only ends at the end of the fixed term if the Tenant (all 3 of you) vacate by the end of the fixed term. If not, then it automatically rolls into a CPT / SPT between the Tenant (all 3 of you) and the LL. 

greatcrested

dg121 said:

Thanks very much for clarifying that. It seems then this is a significant drawback of allowing a tenancy to turn into a SPT, as in a fixed tenancy you can just leave at the end. Though again, doesn't really get around the issue of one tenant wanting to leave but the others deciding to stay.

The same principal applies during the fixed term.

When the fixed term ends, ALL the joint tenants must leave, or a SPT will arise, the tenancy will continue, and any tenant who has vacated will remain liable.

dg121

Thanks for all the help guys, appreciate the clarification on a few things.
Fortunately at the end of the day I don't think either of them would be ballsy to stay if I broke the contract so will use that as the nuclear options should no resolution come from chatting about my intentions and seeing if there's an amicable solution.