Breaking Joint Letting agreement

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    Breaking Joint Letting agreement

    I am trying to break an a month by month agreement that is joint with my ex partner. We originally had a 1 year fixed term agreement that turned into a month by month agreement. I have had to move out of the property due to domestic reason and he has carried on living there. I informed the letting agent that I had moved out and too end the joint tenancy and had no reply from them. I continued to contact them over 5 months and only had a response the other day stating that he had only paid half of the monthly rent over the months that I haven't been there. Now owing approx. 2500.00 in back rent. can someone help with this as he is determined nit to leave the property and continues to not pay all the rent while my name is on this agreement. letting agency seem okay just to let it carry on??? thanks

    #2
    You need to issue a formal notice to quit. This needs to be at least one month's notice, to end at the end of a rental period. At this point the joint tenancy will end.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #3
      As above -- what you did is not formal notice. You need to give formal notice in writing to the address specified in the lease, and get proof of serving that. After the notice has expired you are no longer liable -- but until then you DO owe the rent, and will likely be sued. The letting agency have no choice other than to let it carry on, although they may be trying to evict you both (you need to help them to do that).

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        #4
        Hi Thanks for the reply, I have done this via email months ago and re issued it via email and via post and in Jan and still they have said that they arent willing to do this as he is refusing to contact them and they have said that I am legally responsible for the money owed.

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          #5
          Hi Andrew I have spoken to them and have told them that I am happy to have an eviction notice served and am willing to work with them on this and come up with a payment plan for money owed for the back rent. however they are yet to serve notice on the flat, and in the mean time the cost is increasing.

          Comment


            #6
            Did your notice give an end date, and did it end at the end of the rental period?
            ​​​​​
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


              #7
              Ok just to make it a little easier:
              - what date did you email them
              -what date did you write to them
              -what did each of these (email and letter) say (specifically)
              -does your tenancy agreement explicitly permit notice to be issued via email
              -when did the tenancy start (exact date) and was the rent monthly
              -what was the initial fixed term
              ​​​
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


                #8
                I dated the notice, when I moved out which was months ago and it has been ignored by the letting agency. for some reason they do not seem concerned about ending the joint tenancy as I think he will continue stay there. I am trying to come up with a way to force the agreement to end even if he refuses to leave

                Comment


                  #9
                  - what date did you email them - I emailed them back in Oct explaining I had left the property due to reason out of y control, and wished to end the tenancy
                  -what date did you write to them - I then called them a number of times and sent a notice to quit again via email and post
                  -what did each of these (email and letter) say (specifically) - First email to explain why I had left and asked to end the tenancy, and last was a notice to quit that I had a template from the internet
                  -does your tenancy agreement explicitly permit notice to be issued via email - I honestly don't know, but they now have it in writing
                  -when did the tenancy start (exact date) and was the rent monthly - 30th Nov 2018
                  -what was the initial fixed term - yes for 1 year and the was a month by month agreement

                  Comment


                    #10
                    We still need the dates. What date was the notice to quit sent, and what did it say in terms of end date of the notice?
                    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                    Comment


                      #11
                      I dont think I put a end date, I informed them of the fact that I was no longer at the property and the I wanted to end the lease giving a months notice

                      Comment


                        #12
                        Just to be clear on why the dates are vital. From your perspective you have given them "written notice". This is not sufficient to formally end a tenancy, especially a joint tenancy.

                        In a joint tenancy, the notice you issue must be a valid notice, otherwise the other tenant can quite rightfully challenge its legitimacy.

                        As such, you must issue a valid notice. My assumption based upon what you have said to date is that you havent done so (this may stand corrected depending upon the information you provide in response to the above post).

                        On this assumption, you should write to the LA now (i.e. send it tomorrow) issuing notice from the date of the letter, to expire on the 29th of February (the last day of the next rental period).

                        At this point (i.e. on the 1st of March) the tenancy will end.

                        Note that you must also return the keys to the property to the LA.

                        Further note that up until this point you are jointly and severally liable for the rent, including previous rent.
                        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                        Comment


                          #13
                          I apricate that I may be liable for the back dated rent however I need to know how to end the tenancy moving forward as well

                          Comment


                            #14
                            Originally posted by wish View Post
                            I dont think I put a end date, I informed them of the fact that I was no longer at the property and the I wanted to end the lease giving a months notice
                            Then unfortunately that isnt a valid notice (and if you pulled that from an internet template that template should be destroyed!!!!).

                            Note that you not living at the property is (almost) completely irrelevant to whether you are still a tenant (oversimplified).
                            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                            Comment


                              #15
                              Originally posted by wish View Post
                              I apricate that I may be liable for the back dated rent however I need to know how to end the tenancy moving forward as well
                              As said above, issue valid notice, as described in my post.
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                              Comment

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