Notice to Quit validity in Joint tenancy which is rolling now.

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    #31
    Thanks. I am not going to say about 3 months extension i requested but that is 3 yrs ago. Also estate agent mentioned one month notice is enough in email 4 months ago. All i am worried he target me as i have decent council job and recovering money is easy. I know he has right to chase one or all but i feel it will be me. I am happy to pay what i am due but don't want to dragged into mess if other tenants fail to rent after i leave the propery.

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      #32
      I sent an email notice just now. Also asked politely as an estate agent, please tell me whether my notice is valid or not. If it is not valid, please specify reasons. Do you ppl think estate agent answer it honestly? The reason i am going to look for single bed flat and hopefully i am not responsible for both rents as i already in bad shape financially.

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        #33
        What concerns me there is length of the contract is missing. Now my question, is it a valid AST if there is no fixed term mention on the agreement. Went through few tines, can't find any where on the agreement.
        But finally i am goimg through old emails of 2017, there is email from estate agent mentioned landlord is accepted 6 months contract as long all rent paid up front. So it is 6 month fixed term on the basis of email.

        But i am curious to know can AST is valid if there is no term on the agreement?

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          #34
          Tenancy less than 3 years at market rent doesn't have to be granted in writing.

          Originally posted by Anilkumar View Post
          there is email from estate agent mentioned landlord is accepted 6 months contract as long all rent paid up front.
          A six months fixed term with 6 months rent payable up front results in a statutory periodic tenancy that's six monthly which results in a notice period of at least six month........

          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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            #35
            Thanks. you are right and read some posts about 6 months notice if paid 6 months upfront. But is this upfront money needed to be mentioned in the contract? . But Agreement says where the tenancy becomes a periodic tenancy at the end of the fixed term the tenant is required to give at least 28 days notice ( or one month in case of the monthly tenancy) in writing to end the tenancy. So I wonder which one to follow? Estate agent believes one month too. Estate Agent never mentioned about 6 months notice when I enquired about notice period. So either he doesn't know the rules or following the contract .
            But I asked estate agent today as I am looking for new flat and handed notice and if you think my notice is invalid, please let me know the reasons behind rejection. Hopefully I hear something from him on Monday.

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              #36
              After lot of research on google, general consensus is even landlord accepts 6 months advance payment, but after that they are following general AST which says monthly rent and month notice period.
              It seems my estate agent also following it. But there is not much information out there on this issue.

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                #37
                It depends on the wording of the agreement and any agreement about paying the rent upfront.
                It can be the difference between agreeing to pay six month's rent up front or agreeing to pay £x in advance instead.

                If the agent thinks that all tenants have to serve notice in a periodic joint tenancy, I don't expect them to be up to KTC 's level of knowledge.
                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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                  #38
                  I am on joint tenancy with 4 other tenants. But one person deceased. I am going through the shelter and giving notice while on periodic contract. It says if you are with joint tenancy with 4 or more your rights to give notice could be different.
                  Also as one person is not alive, on technicality it is joint tenancy with 3 or 4?

                  Can any one know about joint tenancy 4 or more?

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                    #39
                    "It says if you are with joint tenancy with 4 or more your rights to give notice could be different."

                    Can you point to where it says that, please?

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                      #40
                      Ok guys. It is so confusing. As i gave one month notice, some say 6 month notice requires (seems true) and estate agent says 1 month notice with all tenants signatures. Seems i am stuck in hell.
                      I have nothing to loose what you think i stop further payments and let estate agent take action for eviction as arrears will go up.
                      Then i let judge deciide whether my notice is valid or not and worst case i pay up, i pay up.

                      If i start paying rent, it is not sure when it will end aa all tenants signatures needed take sone time.
                      Any ideas what will estate agent do if i stop pay rent and what is actions? Is my plan is silly? Any suggestions.
                      ​​​​​​

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                        #41
                        Hope links are ok.
                        Under ending joint tenancy title it says anout 4 or more tenants.
                        https://england.shelter.org.uk/housi..._joint_tenancy

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                          #42
                          It does indeed say that and I confess I am puzzled. I see it adds: Get help from a Shelter adviser if you're in this situation. Contact Shelter and find out what they mean.

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                            #43
                            Any idea how to contact shelter as web chat always busy and their offices are closed.

                            Comment


                              #44
                              Originally posted by Lawcruncher View Post
                              It does indeed say that and I confess I am puzzled.
                              I think they're alluding to the maximum of four joint tenants holding an interest in land, holding it on trust for any others named.

                              I imagine Shelter are concerned that if you're the fifth named tenant, you might be considered not part of the tenancy agreement and therefore not able to serve notice.

                              Although that's inferring a great deal from very little.

                              And, again, it would be asking a lot for a letting agent or landlord to contemplate such an issue,
                              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


                                #45
                                My previous thread is too many questions, so i start new thread. I started with 6 month fixed term in oct 2017. But email from estate agent said need 6 months upfront and i paid in 2 in installments. But paying rent monthly and agreenennt says 1 month notice and estate agent said in the email. But agreemment never mentioned we paid 6 month rent. It is general ast template. Even no mention of start date or end date. But estate agent is refussing to accept notice without all tenants signatures and not even talked to other tenants about new agreement . I am payimg rent and other bills so far and no contribution. Now i would like to get out desperately as i was ganged up and kitchen usage is minimum though fridge is mine and no place to keep my stuff in there.

                                I have 1 month notice today and thinkingv of not paying any more rent. I am hoping estate agent start some kind of eviction and i feel that is better. I do explain to estate agent the situation of rent contribution and living situation, he didn't bother.

                                So please give me some ideas how can i exit and is my idea of ignore rent and making estate agent is good idea? If i keep in paying rent, the situatuon will continue. Please suggest me a way out of this hell?

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