Joint Tenancy - Flatmates - No one wants to leave flat

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    Joint Tenancy - Flatmates - No one wants to leave flat

    Hi there,

    Looking for some advice here. We have a joint tenancy agreement, both sick of each other and we each want to find someone else to replace the other in 2 bed flat, however neither one wants to leave the flat (excellent flat, location, price, plus we each have a lot of furniture so hassle to move it). Our contract ends in a couple of months and we both want to extend with landlord but without the other person on the tenancy agreement. Is it a case of asking the landlord to pick who they would prefer? Its a simple 12 month contract only with both of us as named tenants.

    #2
    You should sort it like adults between yourselves and not bring your landlord into a dispute that they, I'm sure, really won't want anything to do with.

    This is nuts. Flip a coin or something

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      #3
      Agree with above, i do not see how the LL could '' pick '', and it is really unfair to bring them into this. Although it sounds odd.... why not just flip a coin !

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        #4
        I'm assuming it's not a HMO, if the tenancy is jointly, both parties need to terminate the contract, there is no reason why the LL would take on a new person without going through the usual checks, and either T's may also not get on down the line with the replacement T. Also there is the issue with the deposit. If one party remains, the T who has left is still jointly liable for all costs and damages while the tenancy is still active (regardless if the T has left).

        In my opinion would be better for both T's to leave and re-apply to the LL if they want to start a new tenancy.

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          #5
          To end the tenancy, you either have to both move out before the fixed term ends (so that it ends automatically) or, once the fixed term has ended, one of you needs to serve notice (which ends the tenancy for both of you when it expires).

          What arrangements you and the landlord make for after that point is up to you and the landlord.
          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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