How to prevent a joint tenancy extending beyond the term?

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    How to prevent a joint tenancy extending beyond the term?

    I'm a joint tenant with one other person and long story short, this person might refuse to move out by the end of the 12 month tenancy.

    ​​​​​​Now, I don't want for the initial AST to then become a rolling tenancy with my name on it, as I am not going to live there beyond the 12 months.

    How to prevent this? How do I make sure I am not responsible for any month past those 12 months and that normal practice for deposit return starts at end of the tenancy? Or am I responsible for making sure he moved out as well?

    #2
    This is an old chestnut. The answer is that you cannot. The best you can do is to give notice immediately the fixed period ends -- the tenancy will then end 2 months later (as you will be too late to give notice for T+1month).

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      #3
      While that may be the case (and it is something we have debated a lot - so I don't want to reignite a debate) the chances are your landlord, agent and joint tenant won't know that.

      My guess is that if you give at least two month's notice to expire at the end of the tenancy, it will be accepted and the joint tenant and the landlord will come to a new arrangement.
      It might not work, but I suspect this happens a lot and usually does - most people aren't experts in joint and several tenancies.
      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).

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        #4
        T cannot serve Notice during the fixed Term.

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          #5
          Originally posted by mariner View Post
          T cannot serve Notice during the fixed Term.
          I know that.
          It also happens all the time, every day.

          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).

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            #6
            Originally posted by Vasel View Post
            .....How to prevent a joint tenancy extending beyond the term?....
            Easy, real easy.

            Get ALL tenants to depart, remove all their goods, return all keys by end of fixed term. Job done.

            But, yes, if one joint tenant won't, the joint tenancy for all continues.

            Life ain;t fair, **** happens, sorry.

            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...

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