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Ending a joint tenancy agreement
gc1996
Posts: 16 Forumite
Someone I know has a current situation and is wondering how to resolve.
He and his ex split up and they are in a joint tenancy (fixed term until end of July). He handed in notice and this was accepted by both agent and landlord (he has this in writing via email). His ex decided she wanted to stay in the property and keep the tenancy in just her name but as she doesn't meet the affordability criteria, they've now turned around to him and said that they won't remove his name from the tenancy agreement but they are happy for her to pay the rent on her own. He said is not happy with this as of course that leaves him still legally liable for the rent, repairs etc until she leaves, which could be years, but they have outright refused to remove his name off the tenancy. He is very worried that she won't pay the rent and that he will end up having to pay it or it could damage his credit score.
Do they have to honour the notice they accepted and then serve her with notice? What legal standing does he have in this situation? Trying to help him draft a letter to the agents
He and his ex split up and they are in a joint tenancy (fixed term until end of July). He handed in notice and this was accepted by both agent and landlord (he has this in writing via email). His ex decided she wanted to stay in the property and keep the tenancy in just her name but as she doesn't meet the affordability criteria, they've now turned around to him and said that they won't remove his name from the tenancy agreement but they are happy for her to pay the rent on her own. He said is not happy with this as of course that leaves him still legally liable for the rent, repairs etc until she leaves, which could be years, but they have outright refused to remove his name off the tenancy. He is very worried that she won't pay the rent and that he will end up having to pay it or it could damage his credit score.
Do they have to honour the notice they accepted and then serve her with notice? What legal standing does he have in this situation? Trying to help him draft a letter to the agents
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Comments
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Technically by giving his notice the tenancy ends on the expiry of the notice. They cannot refuse to accept the notice and don't need to service notice on the ex as his notice ends the tenancy.
The complication comes if she fails to move out as the landlord can then charge double rent (very old law that hasn't been repealed) and would be able to claim from either or both of them
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His notice wasn't valid. During the fixed term all tenants need to sign to give notice.
After the fixed term has ended just one of the tenants can give notice, but this would end the tenancy for everyone. If the girlfriend refuses to vacate the property after he has given notice then they are both on the hook for double rent (Distress for Rent Act 1737).
His only options are either to persuade her to move out or persuade the LL and the girlfriend to remove him from the tenancy (using a Deed of Variation) otherwise he is stuck in a joint tenancy with her forever.
Read...
https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913
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