Joint tenancy terminated by one of tenants?

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    Joint tenancy terminated by one of tenants?

    I would like to ask a big favour; could somebody point me to any helpful case law on the subject of legal position of the remaining tenants in cases of termination of a joint tenancy by one tenant?
    Cheers

    #2
    It's nothing to do with case law, it's not something that needs interpretation by the courts - it's a statutory right.

    If one of your joint tenants wishes to give notice then that is their right to do so provided of course they follow the usual procedures. You will then have to draw up a new AST with the remaining tenants or to include a new tenant; you will have to do this anyway each time there is a change of tenant. It's all contained within the Housing Act 1988 & 1996 & the Landlord & Tenant Act 1985 & 1987.

    The new Housing Act will however enable a tenant to be replaced but it won't be law until towards the end of next year at the earliest, and it will only apply to new tenancies created after that day.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Thanks, does my assignment contain a trick question then?

      Thanks Paul, but I am asking, because I am a student and such question was given to us as part of a module assignment- I and I am having difficulties in coming up with this case law. Has something new been decided recently or is it a trick question?

      Comment


        #4
        What your tutor is asking you to do is find any case law that might be applicable to such a situation. I would have to look it up the same as yourself, and as I'm working you probably have more time than I do! Try using some of the facilities available to you at your university as there will internet sites that should be free of charge to students such as Estates Gazette where you can research your question.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          #5
          Paul f - interesting! What is the situation if one of joint tenants gives notice that he will be leaving but does not give notice to terminate the tenancy? Presumably the tenancy will continue in existence after his departure?
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment


            #6
            Yes! Take your point. Surely a tenant being a layperson would be entitled to give a letter to the landlord stating that he wanted to leave at such-and-such a date and providing it was within the parameters of determination the landord or his agent would the reply with acceptance of the letter and stating which date was applicable?
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


              #7
              Paul f - I couldn't understand your last post - please could you rephrase it? Thanks.
              Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

              Comment


                #8
                I had an interesting scenario in one of my properties like this. Basically the tenants were jointly - man and wife - lived there for 4 years before they split up - did not notify either myself or the Housing Benefits people. Routine check by HB caused stoppage of HB payment to me because of split and requirement to reapply with new circumstances which the remaining male tenant did not do for several weeks causing arrears.

                Got in touch with female asking her for written confirmation that she had vacated property - decided fairest way to deal with matter was to hold her jointly liable to date and for the 4 weeks notice period from the date I was made aware she had left as though she had, at that date, given me notice, though it was not in writing - in accordance with the clause "The Tenant may give 4 weeks notice in writing and is liable for rent up to the last date of occupation or the expiry of the written notice or four weeks after discovery of leaving without notice, whichever is later. Verbal advice that the tenant is leaving is not accepted." in the agreement, and to hold the male liable throughout the whole period jointly liable.

                As it was, her solicitors accepted that, though they tried it on to get me to agree an earlier date some 4 months prior to when I found out - I stuck to my guns and said that unless the arrears were cleared by (date), they would both be sued for possession, arrears and costs. The whole mess was cleared up by a payment from her, and HB being restored and a letter from her solicitors relinquishing her interest in the property. I then created a new tenancy in his name only.

                Hope this helps answer the query.

                Comment


                  #9
                  sab - I am sure your tutor did not ask you to solicit answers on the internet.Isn't the assignment supposed to be your own work?
                  Paul - Shame on you.Luckily your reply requires a knowledge of Stanley Unwin's language .What happened to the plain English!

                  Comment


                    #10
                    andy, perhaps paul's been at the flower's brewflade down it throcus and gullet maybe thirsk and cure it but not so good for the anslodes to the questioning
                    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                    Comment


                      #11
                      Clearly, Lawstudent, you will one day become a high court judge er - that is if you aren't one already giving us all high quality legal advice, free, under your nom-de-plume for fun.

                      P.P.
                      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                      Comment


                        #12
                        Originally posted by lawstudent View Post
                        Paul f - interesting! What is the situation if one of joint tenants gives notice that he will be leaving but does not give notice to terminate the tenancy? Presumably the tenancy will continue in existence after his departure?
                        Please excuse a stupid question -- surely the departure of a joint tenant would imply the end of a joint tenancy. Would not, therefore, all tenants need to give notice to terminate the tenancy?

                        Comment


                          #13
                          Why have you resurrected a thread that ended nearly four years ago?

                          Comment


                            #14
                            Originally posted by Poppy View Post
                            Why have you resurrected a thread that ended nearly four years ago?
                            Because there exists a correspondence between my question and the subject of the thread.

                            Comment


                              #15
                              Originally posted by perfecttenancies View Post
                              Please excuse a stupid question -- surely the departure of a joint tenant would imply the end of a joint tenancy. Would not, therefore, all tenants need to give notice to terminate the tenancy?
                              Not so. Departure= leaving premises; that's not the same as terminating tenancy of premises, is it now?
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

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