joint tenancy agreement termination

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    joint tenancy agreement termination

    good morning

    I leave with another 3 people and we all signed a joint tenancy agreement the term of which was fixed to 1 year. The term expired 8 months ago and it now continues from month to month.

    I'd like to leave the house and I was wondering if I am bound to all the other tenants to sign the notice as well or if it's juts up to me to serve the notice to the landlord.

    Ragards

    #2
    I assume that the letting was an Assured Shorthold Tenancy. was it?
    Once the fixed term expired, a statutory periodic tenancy began. All four of you continue as T.
    But now any one of you- acting alone- can end the SPT (binding the others). You can give Notice To Quit, to L, as long as the Notice period:
    a. is at least one month; and
    b. runs to & inc. the end of an SPT month (which is usually the end of a rent period too).

    If the other three want to stay, L could offer to re-let (on new AST) to them + newperson4.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Originally posted by hello83 View Post
      I'd like to leave the house and I was wondering if I am bound to all the other tenants to sign the notice as well or if it's juts up to me to serve the notice to the landlord.
      If this is an AST, in England/Wales, with rent (total rent for all of you) less than £2,083.33 per calendar month, then yes, you can serve notice to end the tenancy, without the agreement of the other tenants. When you moved out at the end of the notice period, the tenancy for everyone would end, so if they want to stay on, they'd have to negotiate a completely new tenancy with the LL.

      What was the date (dd/mm/yy) the fixed term began? Then I can tell you what date the notice must end.

      Comment


        #4
        Originally posted by westminster View Post
        If this is an AST, in England/Wales, with rent (total rent for all of you) less than £2,083.33 per calendar month, then yes, you can serve notice to end the tenancy, without the agreement of the other tenants. When you moved out at the end of the notice period, the tenancy for everyone would end, so if they want to stay on, they'd have to negotiate a completely new tenancy with the LL.

        What was the date (dd/mm/yy) the fixed term began? Then I can tell you what date the notice must end.
        yes it is definitely a AST and it started 1st November 2008.

        Comment


          #5
          Originally posted by hello83 View Post
          yes it is definitely a AST and it started 1st November 2008.
          Okay, so the periodic tenancy began on 1st November 2009, and the rental periods run 1st - last of the month.

          You must give notice in writing to the landlord, sent to the address for serving notices (which you'll find in the old tenancy contract). If you serve notice before the end of this month, the notice should expire on 30th September 2010 - i.e you tell the LL you are giving notice to end the tenancy on 30th September. Keep a copy of the letter, and get proof of posting.

          Obviously, you should tell the other tenants what you're doing, and explain that this will end the tenancy, so they need to make new arrangements with the LL if they want to continue to live there after 30th September.

          Comment


            #6
            Originally posted by westminster View Post
            the notice should expire on 30th September 2010 - i.e you tell the LL you are giving notice to end the tenancy on 30th September.
            Better: '...should be expressed to expire immediately after 30 September'- not just 'on' that date.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              ok all good. So I'll serve the notice before the end of the month and leave on the 30th of September.

              1 last question: what about serving the notive via email? is it the same?

              Comment


                #8
                Originally posted by hello83 View Post
                ok all good. So I'll serve the notice before the end of the month and leave on the 30th of September.

                1 last question: what about serving the notive via email? is it the same?
                I wouldn't do that, because you may need proof that you served it. Send it by post (first class) and get a free certificate of posting from the post office.

                Comment

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