Ending joint tenancy

fbuyer

Hi, I found myself in an odd situation, where I have given notice and moved out of a rented property but the letting agent has not ended the tenancy as it is joint one and the second tenant still lives at that property. I requested that at least my name is removed but the agency said it was not possible and they will need to end the current agreement and the second tenant needs to apply for a new one. For months now I have been chasing the agency, they know I have moved out, but they say they are waiting for the other tenant to pay the relevant fees so that they can "get the ball rolling". Surely, this is not right? How can I enforce the tenancy to be ended? 

TripleH

The biggest concern is why the other tenant needs to pay fees. I thought such things were illegal?

Sadly you need to be proactive on this as whilst it drifts along as it is, you still remain liable for rent.

theartfullodger

Which country are you in please (eg NI, Wales..)?? Laws are different over notice for joint tenancies.

Was tenancy still fixed term or had it gone periodic, please?

canaldumidi

Assuming Eng/Wales, it is not up to the agent to do anything (unless they choose to be helpful). It is up to you and your joint tenant.

Is your tenancy in a fixed term (if so exact dates please), or is it periodic (rolling). If periodic, is it a contractual periodic or statutoru periodic? (see link below).

How/when did you serve notice? Note that if your tenancy is periodic, your notice applies to the tenancy as a whole, not just to you. And if 'The Tenant' (ie both joint tenants) fails to vacate when the notice period ends, double rent can be charged. See

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) plus explanation here
shelter.org.uk/ explanation of mesne profits /double rent.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

As the agent said, "it is necessary to end the current agreement and the second tenant needs to apply for a new one."  Now, you may have already ended the tenancy by serving notice (if a periodic tenancy) but in that case as explained, you should have both vacated or be liable for double rent....

canaldumidi

TripleH said:

The biggest concern is why the other tenant needs to pay fees. I thought such things were illegal?

Really depends what fee is being charged.

* if the fee is for early termination, that is allowed (see p71)

* however in this case it may be that the current tenancy has been ended (unclear) by the notice, so early termination would not apply (though double rent may apply due to failure to vacate)

* if it is for creating the replacement tenancy, that is not allowed

* if it is for amending (eg via a Deed of Substitution?) the current tenancy by removing or replacing the OP, that is allowed.

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

TripleH

Cheers. I interpreted the post as the fixed term tenancy had ended and new fees were required to create a new contract.

But yes, Op needs to take action themselves asap because the other 3 parties look to have no incentive to amend the current arrangement whereas the Op has all the liability exposure of being a tenant without living there.

fbuyer

Thanks all - it is a statutory periodic tenancy in England. I have already vacated the property prior to the notice end date (served by email), but the other tenant hasn't and is still living there. I have checked in the tenancy agreement and there is no mention of the double rate charge, but it is good to know that is a risk, thank you. 

canaldumidi

fbuyer said:

Thanks all - it is a statutory periodic tenancy in England.

So notice by one joint tenant is valid to end the tenancy. That means both tenants should vacate

 I have already vacated the property prior to the notice end date irrlevant

(served by email)

Ah! Does the tenancy agreement state that email is a valid way to serve notice? If not, your notice is probably invalid and earlier advice may be altered

, but the other tenant hasn't and is still living there

Liability for double rent/mesne profits (assuming the email notice was valid.....)

. I have checked in the tenancy agreement and there is no mention of the double rate charge,

Irrelevant - it's specified in the Act of Parliament linked above plus Common Law.

 but it is good to know that is a risk, thank you. 

You're welcome.

Best advice is to have meaningful conversation with your joint tenant.

theartfullodger

fbuyer said:

Thanks all - it is a statutory periodic tenancy in England. I have already vacated the property prior to the notice end date (served by email), but the other tenant hasn't and is still living there. I have checked in the tenancy agreement and there is no mention of the double rate charge, but it is good to know that is a risk, thank you. 

In that case the tenancy has ended, not your problem (except for relations with remaining occupant)..  If you need confirmation call Shelter, the experts on these matters, 0808 800 4444

Another stupid ignorant lettings agent.  In England to be a lettings agent requires no qualifications, no training, no criminal records check - and doesn't your situation show it!  

Good luck.

fbuyer

canaldumidi said:

Ah! Does the tenancy agreement state that email is a valid way to serve notice? If not, your notice is probably invalid and earlier advice may be altered

Good point - that has always been the way to communicate with the agents and they said that was all they needed. However, reading the agreement, the email was only acceptable form if sent TO the tenants. Nothing mentioning whether tenants have the same power. Sounds like I need to write an actual letter and see where it takes me.  
Thanks again all