An individual ending a joint tenancy

CyprusBoy

Before I visit the Letting Agents again is somebody able to confirm that I have understood pinned post 4 ENDING OR RENEWING AN AST correctly please?

My son and his partner have split up and it has been a bad breakup. The partner has since taken off with my granddaughter and although the Police have performed a “safe-and-well” check on the little one they won’t tell my son where she is. Request for custody is going through the Courts but is going to take a few months yet.

Meantime my son and his partner signed an AST in September 2015 and are now on what I understand has evolved into a rolling CPT type periodic tenancy still at the same address. The Letting Agents have recently sent a copy of the AST; it is the one signed in September 2015 so I know there is nothing newer hidden away. Whilst the partner was still around she refused to take her name off the joint tenancy.

The Letting Agents are refusing to let my son serve notice saying it is a joint tenancy and that both he and his partner must sign the letter of notice, effectively holding him there forever hypothetically. However, I read in the pinned post that “In a joint tenancy, any tenant can serve notice. It binds them all. If the tenants don't all vacate, the LL may charge double rent and/or evict (Distress For Rent Act 1737 S18).

My son actually wants to stay in the property, under a new tenancy in his own name, and the landlord has agreed to that however the Letting Agents are standing firm. So I’m looking for advice please on whether my son CAN – on his own - serve notice?

Slithery

The lettings agent works for the landlord. If the landlord is agreeable then he just tells his agents what he wants them to do.

But yes, your son can serve notice to end the entire tenancy.

MaryNB

Only during or at the end of the fixed term do all tenants have to agree to end the tenancy. Once the tenancy is rolling only one tenant needs to serve notice to end the tenancy for everyone on it.

Surprised the letting agents are being difficult. I thought they'd be all for it since they will probably charge the landlord for producing a new agreement.