End of Tenancy - Periodic Joint Tenancy

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    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.

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      #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

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