Ending a Joint Periodic Tenancy

Ashleigh146_2 · 14 October 2019 at 9:06PM

Hi Everyone,

Apologies if this has already been answered elsewhere and apologies for the length!

I moved into a flat (rented privately) with a work colleague on 10/10/2018. The original tenancy term was 6 months. Once this ended in April, we agreed to continue the tenancy on a monthly rolling basis. This was not put into writing, nor was anything additional ever signed. The tenancy agreement states a one month notice period. I served this on the letting agents within time (a couple of dayas ago) and they have told me that they have accepted it and are happy for me to leave 09/11/2019.

My housemate wanted to stay in the property, the letting agency told me that they can sign everything over to him but we need to sort out the deposit ourselves because they won't refund a partial deposit. They also won't transfer anything into his name until they have my express permission. I have tried to talk to my housemate about this but he is refusing to speak to me since I gave my notice.

I contacted the letting agency to ask what will happen if he doesn't give me my half of the deposit and they said it was nothing to do with them and it was a personal matter. I asked why they wouldn't refund the full deposit to both of us, let my house mate sign a new tenancy agreement and then he could pay the full deposit for his new tenancy and they advised that wasn't possible because there wouldn't be an end in tenancy because he would still be living there and they couldnt inspect the property.

What are my rights/options here please? (Any help greatly appreciated)

Annisele · 14 October 2019 at 9:42PM

G_M has a sticky on ending tenancies.

But I wonder if some of this is about mismatched expectations between you and your housemate. Did you speak to him before you gave notice? And did he agree for the notice to be given?

I ask because, if you've given valid notice for yourself, you've also given valid notice for him. If it's a joint tenancy, you can't just end your half of it - you end all of it or none of it. And the fact he's stopped speaking to you since you gave the notice suggests that he's not delighted about something.

So - is his problem that he didn't realise you were going to be giving notice at all/on the date you actually gave it? Is it that he didn't realise your notice would bind him? Or do the two of you just not get on generally?

If it's the first, then (morally if not legally) you owe him a huge apology. If that's the case, then from his perspective you've tried to make him homeless.

If he just didn't realise your notice would bind him, I'd say that this situation is at least as much his fault as yours. But if you want not to be liable to your landlord for double rent (see G_M's sticky), you need to get him talking to you. Your deposit isn't the only thing you could lose here.

Practically speaking, can your housemate afford to stay in the property alone? Does he need another housemate / time to find one? I think those questions affect what options would be sensible for you.

Ashleigh146_2 · 14 October 2019 at 9:55PM

I told him in April that I was looking to buy a house which is why we agreed to do the monthly rolling tenancy. In the last 6 weeks I told him each and every time I went to view a property. He was the first person I told once I found the house I wanted to buy and he was sat right next to me when my offer was accepted. 2 weeks later, I put my notice in so he knew it was coming.

I (stupidly) didn't realise we were in a joint tenancy until after I gave my written notice (or more aptly, just didn't give it or the consequences much thought) and the letting agents rang me to say it didn't work like that and to ask my housemate to get in touch and see if they could work something out. They rang me back a few days later to say he had decided to stay and they could transfer everything to him but we needed to sort the deposit out ourself.

He can afford to stay in the property alone and won't need another housemate although it may make it more financially comfortable for him long term.

G_M · 14 October 2019 at 10:06PM

Anniselle is basically correct, but see also comments below

Ashleigh146 wrote: »

My housemate wanted to stay in the property, the letting agency told me that they can sign everything over to him but we need to sort out the deposit ourselves because they won't refund a partial deposit.
this is not the way they should do it.
* you have ended the tenancy. Therefore
* the entire deposit should be removed from the scheme and returned, less any damage deductions following an inspection (the 2 of you decide how to divide it)
* If when they grant your flat mate a new tenancy, whether in his sole name or jointly with A N Other, they should take and protect a new deposit (as well as all the other new tenancy stuff eg gas report, EPC etc)

They also won't transfer anything into his name until they have my express permission.
They do NOT need you permission to grant your flat-mate a brand new tenancy

I have tried to talk to my housemate about this but he is refusing to speak to me since I gave my notice.
Speak to the Landlord or agent and make clear the tenancy is ending - they seem to be acting as if it is just you leaving with the tenancy continuing (but see below).

I contacted the letting agency to ask what will happen if he doesn't give me my half of the deposit and they said it was nothing to do with them and it was a personal matter. I asked why they wouldn't refund the full deposit to both of us, let my house mate sign a new tenancy agreement and then he could pay the full deposit for his new tenancy and they advised that wasn't possible because there wouldn't be an end in tenancy because he would still be living there and they couldnt inspect the property.
You are right that this is exactly what should happen. They can grant a new tenancy on the day the current one ends.
They can inspect while he is living there. A bit more difficult with his furniture/belongings etc, but not impossible. Plus if the place is a bit dirty due to not being vacant, well
* they can make a deduction for cleaning
* flatmate makes up your loss
* their check-in inventory for his new tenancy reflects the dirt so when he leaves he does not need to clean!

What are my rights/options here please? (Any help greatly appreciated)

You do need to speak to the flatmate, but the agent is not being very helpful (or accurate).

An alternative would be for the current tenancy to continue under an assignment - ie you assign your liabilities either to your flatmate or to A N Other. The tenancy then continues but without your name.

A Deed of Assignment needs to be signed (and witnessed) by all parties: LL (or agent); both current tenants; A N Other (if a new tenant is taking over). Here is an example:

https://housing.london.ac.uk/cms/uploads/media/Assignment_-_revised_draft__18_5_12__ver3__2___3_.pdf

Ashleigh146_2 · 14 October 2019 at 10:20PM

Thank you!

The agents have been difficult throughout the whole tenancy so this isn't surprising. They wouldn't allow us to continue on a rolling tenancy once our fixed term ended and were trying to force us into signing for another 6 months until I contacted the landlord directly who was fine with it. I'm thinking they're wanting go down the Deed of Assignment route and I assume this is why they're wanting us to sort the deposit out ourself. That way they can just transfer that into his name.

So, if I tell the letting agents that I am quite categorically ending the tenancy, they will have no choice but to either tell my house mate he has to also leave or they will sign a new tenancy with him? Is that right?

I have made every attempt under the sun to talk to my housemate. He's being particularly difficult about everything - he's very much the 'bury my head in the sand until it blows over' type. 16 messages unanswered, all phonecalls red buttoned. We actually work together which is pretty awkward and he won't speak to me there either. We were really close so I'm guessing he's just angry that I'm leaving but that's not really helping the situation. He's stubborn so I can't see him caving anytime soon.

G_M · 14 October 2019 at 10:33PM

Ashleigh146 wrote: »

So, if I tell the letting agents that I am quite categorically ending the tenancy, they will have no choice but to either tell my house mate he has to also leave or they will sign a new tenancy with him? Is that right?

Unfortunately it's not that easy.

You've served valid notice to end the tenancy. That means both joint tenants must leave (unless of course a new tenancy is created allowing one to stay).

If you do not both leave on the expiry date of your notice, then
* the tenancy will continue, and both joint tenants remain liable (for rent, damage etc etc)
* the landlord can charge double rent for your 'holding over'.

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) explanation

It sounds to me like you should perhaps speak to the landlord. Explain the situation, AND explain the legal options (new tenncy for flatmate or Assignment). This of course is really the agent's job - to know the law and advise their client the landlord. But hey! we know agent often either don't know the law, can't be bothered to explain it to their client, or just take the easiest route....

Ashleigh146_2 · 14 October 2019 at 10:39PM

Thank you so much for your help G_M.

I am so screwed.

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Ending a Joint Periodic Tenancy

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