Jont tenancy agreement issue

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    Jont tenancy agreement issue

    Hi,
    I don’t know if anyone could help me?

    I’ve got a joint tenancy agreement with another person for the past 5 years. It is periodic, as rolling monthly. Now I want to move, but:

    -the co-tenant does not have a job for two years, has universal credit, doesn’t have family or friends who could be his guarantors

    -the agency (I’m renting from) informed me that if the co-tenant does not have income, support, then I cannot move out, or if I do, after the notice period I will be still responsible for paying rent. This is because they will serve eviction on both of us, if he doesn’t move out and in pandemic it last 6 months.

    From the shelter website, I know that I do not need to inform my co-tenant that I want to give notice, and after a valid 30 days notice after the agreement ends I should be able to walk away, is that right?

    However, the agency doesn’t seem to see it that way. I know that if you are on fixed time contract then you have to stay till the end of the contract, but what about periodic contract? The agency does not reply to my notice and after calling them several times, the agent said they need to contact the landlord first and that I cannot just walk away...

    I cannot live with my co-tenant anymore, he is aggressive and has mental health problems. I am concern about my safety, therefore I want to move out but I still want to end it in the right way. I will pay all bills/ rent by the end of the tenancy period and I do not want to pay rent, only because the co-tenant won’t move one on the last day... The co-tenant wants me to move out but somehow it looks like he is protected by current pandemic situation and the tenancy agreement.

    I am still waiting from the response from the lawyer, but I’m so nervous. I will have to move out pay rent/bills in the new flat and pay for the old one, because the co-tenant does not want to move out, and that’s al for 6 months?!

    please advise what to do?

    #2
    See what tenancy says about HOW notice is served. Probably in writing. Assuming monthly rent payable you need to give AT LEAST 1 month notice (not 30 days ) expiring on end-of-period day. Not when rent paid day. So if tenancy started 14th month your notice expires 13th.

    Send notice (probably mail) plus email if possible to agent and landlord. If you don't have landlord address spend £3 with land registry and get deeds. Tenancy should have "address for service of notice on landlord" (or no rent due!)

    They don't have to accept notice or agree, you just have to serve it (keep copies). Probably shove copy of notice through agency door after they are shut, ideally with witness, take photo.

    You can leave whenever you like e.g 15:45 today but remain liable for rent until notice expires

    When you go takes loads of photos (deposit dispute).

    Good luck.

    Check with shelter 0808 800 4444 (FREE helpline ) - see
    https://england.shelter.org.uk/get_help/helpline
    - to reassure your mind.

    Your notice ends tenancy for you both. Agency talking rubbish, they probably know it's rubbish. Just be calm and polite with them. If they keep saying you can't serve notice on your own just ignore them.

    To be a letting agent in England requires no training, no qualifications, no criminal records check. Bonkers.

    Sorry about fellow tenant. Life is hard.

    Artful: Landlord since 2000
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Your notice period is almost certainly not 30 days and is therefore probably invalid.
      You need to check the wording of the tenancy agreement, but it's normally a minimum of a month ending at the end of a tenancy period (which is the day of the month the last fixed term ends).

      In a periodic tenancy, your valid notice will end the tenancy for all of the joint tenants, and there's nothing the landlord can do about that.
      What happens with the other tenant(s) is for them and the landlord/agent to sort out.

      Nothing can make the landlord/agent give you a reference, so you may need to tell the new landlord/agent that it's unlikely to be forthcoming.
      It won't be the first time that's happened.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thank you so much for the response, I knew the agent is not acting right and just wanted a little reassurance.

        So. if I pay rent on the 1st of every month and today is 9th Jan, what will be be my last day?

        if I am giving my notice today, 1 month notice will mean that my last day at the property will be 9th Feb? or 1 March, meaning I still pay for rent for February?


        Thank you

        Comment


          #5
          The tenancy agreement for the latest fixed term tenancy that you have is the key.

          First of all, we're looking for the exact text that defines the term.
          It will say something like a fixed (or initial) term of 12 months starting on [date] and ending on [date].
          There may be something about what happens afterwards which is helpful.

          If you give notice today to end on the 9th February, it would have to be given to the agent by hand.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            And, is it an HMO?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Rent date day (9th) may not be tenancy period end day... Re-read your original tenancy!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                HMO I understand as a property that is shared by three or more tenants who aren't members of the same family/household (if you are living as a couple you are one household). Therefore it is not, the co-tenant is not a family member, it is just some stranger I sign a contract with as I haven't had anyone else, and I did not know him well.... Now I am paying for my young mind stupidity....

                I only have a sample of the agreement sent by email, can't find anything else but remember filling it out and signing... Is there anything I could write in the notice which would make the notice valid and successfully end the tenancy, without the dates of the fixed term?

                I am going to send this notice to landlord by post as I only has his address and company name, as well as by email to the agency, as well as by post- all today.

                Comment


                  #9
                  Originally posted by milena26 View Post
                  I only have a sample of the agreement sent by email, can't find anything else but remember filling it out and signing... Is there anything I could write in the notice which would make the notice valid and successfully end the tenancy, without the dates of the fixed term?

                  I am going to send this notice to landlord by post as I only has his address and company name, as well as by email to the agency, as well as by post- all today.
                  If you can't hand the notice over today, if the tenancy period ends on the 9th of the month, you can't serve valid notice in writing to end on 9th February.
                  It's possible that the agent or landlord will accept the notice, which would make it valid, but that's not at all certain.

                  To ensure the notice is valid, you either need to know the period end date, or to give enough notice that it could be any day of the month and give notice that ends at "the end of the tenancy period that occurs in March."
                  That's pretty unsatisfactory in many ways and highlights the need to keep copies of critical documents.

                  It might be useful to point out to the agent that you have (as far as you know) served valid notice and will indeed walk away when it expires and that their failure to contact the landlord is not your problem.
                  That might at least prompt them to detail anything that is actually wrong with the notice that you have already given them.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    So I have this information on the agreement. So if the fixed term finished on 1.06.2016, then from then on it was periodic, If I will serve 1 month notice from today, my last day of the agreement will be 1st March?

                    Comment


                      #11
                      finished on 1.05.16*

                      Comment


                        #12
                        No, your fixed term finished on 30.4.17. Therefore if you give notice now, it will end for both tenants on 28.2.21

                        Comment


                          #13
                          So that what I am writing in my notice, please let me know what you think?


                          Dear...,



                          I am giving 1 month's notice to end my tenancy as required by law.

                          I will be leaving property addresson the day when a complete period of my tenancy ends next after 4 weeks from the day this notice is served.

                          From my understanding my fixed-term tenancy agreement, as stated by the agreement was 1.05.15 and finished on 31.04.16. From 31.04.16 it became a periodic tenancy, therefore my last day of the agreement is 28.02.21.



                          Kind Regards,

                          Comment


                            #14
                            It's a month's notice, not 4 weeks.

                            There isn't a 31st of April.

                            The periodic tenancy began on 1st May 2016.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              what about now?


                              Dear ...,



                              I am giving 1 month's notice to end my tenancy as required by law.

                              I will be leaving property addresson the day when a complete period of my tenancy ends next after 1 month from the day this notice is served.

                              From my understanding my fixed-term tenancy agreement, as stated by the agreement was 1.05.15 and finished on 30.04.16. From 1.05.16 it became a periodic tenancy, therefore my last day of the agreement is 28.02.21.



                              Kind Regards,

                              Comment

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