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

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    #46
    Find somewhere else to live and move out.

    Your notice is either valid or it isn't, but I don't think the agent will be in a position to do anything about it (and they'd have to sue all of the tenants for outstanding rent, not just you).

    And the other tenants presumably want to keep living there and will simply have to come up with the rent between them.

    And the moderators hate it when people create multiple threads about the same situation, so you're going to find them all combined back into one really confusing mess.
    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


      #47
      Find somewhere else to live and move out.

      Your notice is either valid or it isn't, but I don't think the agent will be in a position to do anything about it (and they'd have to sue all of the tenants for outstanding rent, not just you).

      And the other tenants presumably want to keep living there and will simply have to come up with the rent between them.
      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


        #48
        Thanks. I do mindful next time about new thread. But contract says landlord can sue one and all. That is what i am concerned. During my last visit to his office, he warned me about suing me alone with ccj. That is what i am worried. If i leave and rent another place, worst case, i end up paying both places.

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          #49
          I was wondering if it was that. If it is then I do not see a problem. If there are five named tenants then, although the legal estate can only be vested in four, that does not mean that all five are not tenants. If the fifth named is not part of the tenancy agreement then he does not have (and never had) any obligations and can just walk away.

          Comment


            #50
            I have another idea, please let me know it is possible. I gave one notice in April through email and estate agent said it is invalid due to tenant notice requires all tenants signatures through email. I gave another notice yesterday through recorded delivery and email and asked for reasons if he thinks valid or not . I believe he gives me the same reasons similar to first notice.

            So i go to small claims court asking them as estate agent locked me in the contract first time though valid notice and sevond time too and argue i am having depression and stress which causing me lot of heealth issues. All i am trying to bring the validity of notice even though i am happy to loose the case even my notice is invalid. But estate agent has to explain to judge his reasoning behind notice rejection.
            I never went to court before in my life, is it possible to open a case against estate agent.? Please advise.

            Comment


              #51
              You really don't want to get sued. I really can't be bothered to find your other thread to find out what the issues are, but if this is a joint tenancy and not periodic the landlord (if he accepts notice) is absolutely right not to accept notice without every tenant signing.

              Comment


                #52
                hold up. if you are on a joint tenancy and fixed term has ended, your notice should be valid. the other tenants will have to create a new tenancy on their own.
                look at your tenancy agreement, is there a clause saying all tenants must give agree to give notice? even if there is it could well be that its an unfair term and not enforceable because it would make it impossible for you to leave. in which case since you served notice in april, you are free to leave.

                Comment


                  #53
                  Thanks. I went through my contract a lot of times and looked for break clauses. There is no mention requirements of all signatures needed. Either estate is bluffing or trying to make me responsible too if arrrears arrive. But after reading this forum posts, shelter website, citizens advise bureau, it is clear that one tenant can terminate the contract when fixed term ends I am 100% certain of that.

                  Also contract clearly sayimg 28 days or 30 days notice.

                  Now i lost this monrh full rent to another tenant has i transferred to her and i have proof of bank transfer to saying rent in subject line. If i go to court i can highlight the type of tenants i live with.

                  Cause estate is not understanding my situation and rejecting my notices ( i am thinking he does the same on Monday). Though i am looking to move on take a new flat, but i would like to find a solution asap. I doubt rest of tenanrs pay rent so it will accumulate and it will force estate agent to act. But as it is 4 months as eviction, time so i am in the dark all these months whether i will be dragged into these arrears.

                  But if i take action against estate agent, i will know where i stand. I am already loosing lot of money as another 800 or 1000 doesn't matter. But living in uncetainity will kill me.

                  So far i am nice and paid rent on time. But i feltbi locked out and other 3 tenants ganged up. So i am thinking of being defensive, go offensive.

                  Also knowing my tenants, if my notice is invalid, they destory things inside the house and make me responsible. They already mentiined indirectly that possibllity. I am concerned about that too.

                  Comment


                    #54
                    It is possible that your notice won't be valid if it wasn't signed for today - i'm not sure you allowed 2 working days for postal delivery.

                    The agents probably won't accept that you can give notice by yourself, because they don't want to, and they don't know what the law is.

                    You could try and point them to :-
                    https://england.shelter.org.uk/profe...ncy_or_licence

                    They may take more notice of a letter from a solicitor telling them that the notice is valid and that the tenancy ends.
                    You could just move out anyway, stop paying rent, and defend any legal action that they may, or may not, try to bring.

                    Comment


                      #55
                      Originally posted by Ted.E.Bear View Post
                      You could just move out anyway, stop paying rent, and defend any legal action that they may, or may not, try to bring.
                      Exactly.

                      The OP is massively overthinking this.
                      The situation sounds intolerable, end it and move on.

                      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


                        #56
                        Thanks. I agree as i am obsessive by nature and try to think too much about every problem i face. Also i am IT analyst/ architect and it is my nature to look into every possibilty and angle.
                        But i an definitely movimg out as looking out for flat and move in within 2 weeks. I believe that is best course of action and see what happens from there.

                        Comment


                          #57
                          I sent it yesterday by signing it and over night postage and saturday delivery (extra). So it definitely arrives today to estate agent office. Also i sent last night an email notice too and asking him to explain the reasons if my notice is valid or not . As contract signed on 14th and notice should arrive by 13th ( i assume). But 13th is on Sunday, so how that counts, no idea. But i paid for delivery by Saturday 12th, hoping it is valid notice.

                          If that goes to court, lets judge decide whether notice arrived on time or not. Also judge has to decide whether email notice valid or not as too

                          But i have no choice now and move on and hope my notice period is valid. Also wait for estate agent reasons for rejecting my notice. I hope any reasonable estate agent explain the reasons for rejecting the notice.

                          Comment


                            #58
                            Originally posted by jpkeates View Post
                            And the moderators hate it when people create multiple threads about the same situation, so you're going to find them all combined back into one really confusing mess.
                            For the benefit of Anilkumar and others;

                            It’s not a hate, but forum policy dating back to before I became moderator, and is in place for good reasons such as;
                            • Keeping all related information in one place
                            • Avoiding duplication of questions
                            • Avoiding the risk of contradictory responses due to missing information
                            • Giving other threads a better chance in the forum index

                            The merge in this case was not really a confusing mess, now please stick to this thread for related issues.
                            I also post as Mars_Mug when not moderating

                            Comment


                              #59
                              Originally posted by Moderator2 View Post
                              It’s not a hate, but forum policy dating back to before I became moderator, and is in place for good reasons such as;
                              Apologies, didn't mean to imply it was irrational!
                              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


                                #60
                                Thanks. Apologies for opening another thread. Next time i am mindful to that.

                                Comment

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