3 tenants only 1 gave Notice for himself is this binding on all

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    3 tenants only 1 gave Notice for himself is this binding on all

    Hello

    I rented my property to 3 individuals on 1 feb 2017 on a fixed one year contract which has a clause where tenants must serve a 2 month notice to leave, not expiring before the end of the term

    One of the tenants found it hard to pay and initially wanted to move out but then stayed and emailed to say he was not going to renew the tenancy and he was going to leave and to accept this as his notice

    The other 2 tenants said nothing and then said they wanted to stay and we spoke about a new agreement to start 1 Feb 2018 in just their 2 names and a slight increase in rent. They were then going to find another person themselves

    After new year they decided they wanted to leave and say they will leave end of January 2018 with no further notice as the first tenants notice brought the tenancy to the end for all of them

    I disagree I feel they would need to serve a proper notice or at least a months notice from the end of the current tenancy

    Please help I m really stuck ...when they moved in I put in new carpets for them as they said they wanted to stay for a long period . Agent seems to be siding them too and they say they have sought legal advice and this is the correct position.

    There is the deposit with dps, if they leave at the end of January 2018 what are my chances of getting the month rent from the deposit.

    Thank you

    #2
    I assume all 3 are listed as joint Ts?
    All 3 are legally entitled to vacate on last day of fixed Term with no Notice.
    If only 1 remains after that date they jointly resp for rent & property until expiry of theirvalid, ind SPT, 1 month Notices. Just be grateful all have indicated their intention to vacate by end of Fixed Term (pref get that in writing).
    Voids are to be expected in any AST Contract. That is why all LLs should have undertaken some basic training.

    Comment


      #3
      Thank you for your reply

      I suppose the question is that the tenancy agreement said 2 months notice must be given ... Only 1 tenant emailed to say he will not renew and the other two were in negotiations to renew the agreement into their own names only.

      Has the single tenant fulfilled the agreement requirements of the notice by this email alone. I suppose that would also be the question can one single tenant simply serve notice to quit when in joint tenancy etc

      It would seem somewhat unfair for tenants to make out they are staying on at the end of the tenancy and then just want to leave

      ​​​​​​Any replies would be appreciated

      Comment


        #4
        Up to the end of the fixed term, notice (by any of them) is of no legal effect. The fixed term ends because the term is up, and its dates were always known. A statutory periodic tenancy only comes into being if any of the tenants remain in occupation after the fixed term, and then, any provision in the tenancy agreement for notice is of no legal effect, as statute regulates the notice provisions, directly.

        Comment


          #5
          Originally posted by jitty22 View Post
          I suppose the question is that the tenancy agreement said 2 months notice must be given ... Only 1 tenant emailed to say he will not renew and the other two were in negotiations to renew the agreement into their own names only.

          It would seem somewhat unfair for tenants to make out they are staying on at the end of the tenancy and then just want to leave
          On 31st January the agreement with the notice requirement will come to an end automatically.
          So what it says is not relevant if all of the tenant's have moved out by that date.

          The tenant's notice isn't valid and can't be, so if they want to leave at the end of January, they don't really have any choice - they couldn't give notice even if they wanted to - and, while it might have been nice to have had more notice of their intentions, it doesn't really change anything.
          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
            thank you for everyones messages

            Comment

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