How to end a joint tenancy at the end of the fixed term contract

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    #16
    Im not suggesting you should do it, but it's not that hard to find a replacement tenant these days. If you advertise your room on Spareroom and Gumtree you would probably get responses.

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      #17
      You need to carefully read all agreement terms than you can get the right way


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        #18
        Originally posted by jinxirony View Post
        As you have entered into a joint Assured Shorthold Tenancy, legally the tenancy will only end if you both vacate the property at the end of your tenancy If other tenant wishes to remain in the property, a replacement tenant is to be found in order to remove you from the lease.
        That is not correct.
        • The tenancy ends at the end of the term regardless.
        • If "the tenant" remains in occupation, then a statutory periodic tenancy arises; this is a new tenancy (Housing Act 1988 Section 5(2). You have already advised that you do not agree to be party to any tenancy after the fixed term ends.
        • The Housing Act 1988 says "the tenant" means "all the individuals that comprise a joint tenant" (Section 45(3).
        • Therefore if you vacate before the end of the fixed term "the tenant" has not remained in occupation.

        I suggest that you put that to the agent and see how agent responds.

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          #19
          Hello, thank you for your reply.

          Quick update.
          My joint tenant said that he is going to enter a new AST with his friend (hopefully it will happen).
          In order to release me from the existing contract do I need any confirmation/agreement in writing from Landlord/Agent or(and) from my joint tenant?

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            #20
            Ideally, yes - confirmation from the landlord/agent would be helpful.

            But if the landlord/agent agrees a new tenancy agreement with new tenants for the property, it would be obvious that your previous agreement had come to an end (because the new tenant would be in the property, paying rent and you wouldn't).
            And I'm not really sure what the confirmation would be any use if the new tenancy didn't happen for some reason.
            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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              #21
              Tell the landlord and your flatmate that you will serve notice when hhe tenancy becomes periodic just in case but are prepared to move before the end of the notice if the new tenant wants your room.

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