End of Tenancy - Periodic Joint Tenancy

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    End of Tenancy - Periodic Joint Tenancy

    Hi,

    I'm struggling with ending my periodic tenancy with my letting agency, and wondered if anyone had any advice!

    I have handed in notice on my periodic joint tenancy, slightly in advance of the one month's notice that is requested in my tenancy agreement. My letting agent, however, has told me that they will not accept the notice until they have directly discussed with my housemate whether he is going to vacate the property or if he wants to stay on under a new agreement. They have said that until they have agreed this with him and all of his referencing checks have been completed, I will continue to be liable for the property.

    Looking into it on Google, I understood that as it was a periodic tenancy, if I handed in my notice that would end the tenancy, so it shouldn't make any difference to my notice period whether or not my housemate is going to stay in the property under a new agreement. When I said this to the letting agent on the phone, they denied that was the case and insisted I would continue to be liable, despite sending them written, signed notice, for as long as it took for them to sort out my housemate's references.

    Have I got my facts wrong? I've triple checked my tenancy agreement and there's absolutely no mention of anything to suggest that one month's notice shouldn't stand!

    Any advice would be really appreciated!

    #2
    Do you have a statutory periodic or contractual periodic tenancy? A statutory periodic is where you had a fixed term tenancy which has ended and you stayed beyond that date, whereas a contractual one are either where it has been periodic from the start or your contract say something along the line of a "fixed term of X months thereafter month by month" or words to that effect.

    In the case of a contractual periodic tenancy, how the tenancy may be ended is determined by the terms of the agreement absent which common laws.

    For statutory periodic tenancy, any one co-tenant may give a notice to quit which on expiry end the tenancy for all. The notice must be in writing, of at least one period of the tenancy (so one month if you're paying rent monthly), and stated to expire on the last or first day of a period of the tenancy. If you gave valid notice, the tenancy will end whether the LA like it or not, and whether you or your co-tenant vacant on its expiry or not. It's not up to the LA whether to accept the notice or not. That's the whole point of a notice, one side (you) are telling the other you do not wish the tenancy to continue. It's not a negotation where you have to agree.

    p.s. The notice may only had been given once the periodic tenancy had started.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      It's a statutory periodic tenancy, and has been since January 2016. I thought this would be the case, but my letting agent was quite strongly denying it, so I wasn't sure whether I had misunderstood the advice online.

      Thanks very much for clarifying for me, I feel much more comfortable going back to the letting agent again now!

      Comment

      Latest Activity

      Collapse

      • Reply to Part furnished
        by Chester Perry
        I posted elsewhere on here and feedback was a mix of its not worth it as nothing will happen (plus police will treat as a tenancy issue) and its worth doing to get a crime number.

        Not going to claim on insurance given excess etc. The fridge freezers value second hand / age considered probably...
        18-09-2020, 14:22 PM
      • Part furnished
        by Chester Perry
        Our property was let part furnished however upon leaving the Ex. tenant took it upon himself to relieve us of the white goods and wooden blinds.

        The dishwasher, washing machine, 2 x fridge freezers and wooden blinds throughout were actually ones purchased when the property was our main...
        18-09-2020, 13:34 PM
      • Reply to Landlord refuses to sign inventory
        by jpkeates
        A 15 year old washing machine has almost zero value (and will have less when you move out).
        The landlord can only legitimately claim for their loss if you bin it.

        A mid range washing machine is about £350 (and they haven't changed much in price recently), and imagining one would...
        18-09-2020, 14:14 PM
      • Landlord refuses to sign inventory
        by Bumblebee3000
        We've recently rented a house that from the very start seemed badly taken care of - there were various problems like a mouldy washing machine/curtains, broken curtain rails, etc. When we arrived to meet the inventory clerk, we signed a 2-page document of handwritten inventory notes (we broadly agreed...
        17-09-2020, 20:13 PM
      • Reply to Part furnished
        by theartfullodger
        Trust you've reported the thefts to police
        18-09-2020, 14:07 PM
      • Reply to Landlord refuses to sign inventory
        by Bumblebee3000
        This is very helpful, MdeB, thank you. I will try to relax about the inventory now. In regards to the mould - the landlord has a letter from the curtain cleaning company stating that the mould has been "killed" during the cleaning. I actually spoke with the curtain cleaner when he was here...
        18-09-2020, 14:07 PM
      • Reply to Deposit Negotitations with Landlord
        by jpkeates
        The process seems to have changed recently.
        The landlord claims from the deposit and that claim should have a summary of what they are claiming and why.
        You dispute that and then you both have one chance to explain your side of the story.
        But you do that with only access to what the...
        18-09-2020, 13:57 PM
      • Deposit Negotitations with Landlord
        by Maymiss
        I am moving out of my rented home shortly, i have caused some damage which I notified the landlord of when it happened and they have recently visited to discuss the cost of repairs, which we have agreed. The landlord is now asking that I pay this money to them directly. It is not possible for the work...
        03-08-2020, 11:47 AM
      • Reply to Section 21 issued with new tenancy
        by jpkeates
        Every notice escalated to court is recorded and the figures published quarterly, so breaking out the s21 notices from the s8 shouldn't be complicated.

        Two of the links are to House of Commons research papers, to be fair!...
        18-09-2020, 13:51 PM
      • Section 21 issued with new tenancy
        by fmST1
        When a new tenant moves into a property, I get them to sign a section 21 so that if whatever reason things don’t work out, the necessary paperwork is already in place.
        I’ve never had a need to exercise this yet, but would it work?...
        11-09-2020, 08:43 AM
      Working...
      X