End Of Tenancy Agreement

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    End Of Tenancy Agreement

    I began a tenancy agreement on a property on January 16th 2006. The tenancy was in two names, myself and a colleague. In April 2006 i moved out of the property for a number of reasons, however, after making enquiries at the time i have continued paying my half of the rent each month.

    At the time of the tenancy myself and my colleague paid £650.00 as a deposit along with a further £650.00 as one months rent in advance. It is my understanding that the rent works one month lying on in that the month i paid in advance on moving into the property in January 2006 covered the period of time January 2006 - February 2006.

    I am due to move to London next week and so i have contacted the letting agency today in order to inform them that i wish to end the tenancy agreement when it ends on January 16th 2007. I have been informed that i need to put this in writing which i am going to do later today, however, i have a question regarding when my last payment will be.

    Does the one months notice to the landlord have to be given at the end of the agreement or can it be one month prior to the end of the agreement?

    I am trying to calculate whether i have one more payment to make or whether i have made the final payment.

    I apologise in advance that it sounds confusing.

    #2
    Originally posted by g_conaty View Post
    I began a tenancy agreement on a property on January 16th 2006. The tenancy was in two names, myself and a colleague. In April 2006 i moved out of the property for a number of reasons, however, after making enquiries at the time i have continued paying my half of the rent each month.

    At the time of the tenancy myself and my colleague paid £650.00 as a deposit along with a further £650.00 as one months rent in advance. It is my understanding that the rent works one month lying on in that the month i paid in advance on moving into the property in January 2006 covered the period of time January 2006 - February 2006.

    I am due to move to London next week and so i have contacted the letting agency today in order to inform them that i wish to end the tenancy agreement when it ends on January 16th 2007. I have been informed that i need to put this in writing which i am going to do later today, however, i have a question regarding when my last payment will be.

    Does the one months notice to the landlord have to be given at the end of the agreement or can it be one month prior to the end of the agreement?

    I am trying to calculate whether i have one more payment to make or whether i have made the final payment.

    I apologise in advance that it sounds confusing.
    1. Rent: if you have made eleven routine payments, the twelfth is covered by the "one month in advance" payment.

    2. Term: no real need to give notice if you want tenancy to end when fixed term ends.

    3. What about co-tenant, though? Has he/she authorised termination? You alone cannot.
    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


      #3
      It has not yet been confirmed what his intentions are as he has previously stated that he may continue with the tenancy after the initial 12 month period, however, i have contacted the letting agency who have advised that they will contact him in order to ask him of his intentions. They have also advised me to write to them advising that i wish for my name to be removed from the tenancy agreement after the initial 12 month period which expires on January 16th 2007.

      Comment


        #4
        Originally posted by g_conaty View Post
        It has not yet been confirmed what his intentions are as he has previously stated that he may continue with the tenancy after the initial 12 month period, however, i have contacted the letting agency who have advised that they will contact him in order to ask him of his intentions. They have also advised me to write to them advising that i wish for my name to be removed from the tenancy agreement after the initial 12 month period which expires on January 16th 2007.
        That sounds OK. Get WRITTEN confirmation that you aren't liable from 160107. Better if L grants new letting to other tenant; if he simply holds over, the term has ended but the tenancy linger on (and so does your own liability).
        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


          #5
          Does this mean that if he decides to remain in the property then i cannot simply request my name to be removed from the tenancy. Also, if we were to both decide that we wished for the tenancy to end upon completion of the twelve month period which ends on 16th January 2007 then we can advise the letting agency in writing and our last payment would have been this month due to the amount we paid at the start of the tenancy?

          Comment


            #6
            Originally posted by g_conaty View Post
            Does this mean that if he decides to remain in the property then i cannot simply request my name to be removed from the tenancy. Also, if we were to both decide that we wished for the tenancy to end upon completion of the twelve month period which ends on 16th January 2007 then we can advise the letting agency in writing and our last payment would have been this month due to the amount we paid at the start of the tenancy?
            Depends what you mean by "remains": is OT occupying under OLD or NEW tenancy from 160107?
            If new, you're not liable.
            If old, you're liable unless L releases you formally.
            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
              Thank you for your reply. As mentioned above i have been advised by the letting agency to contact them in writing and i have requested that they reply to my letter advising me of my position regarding my liability on the property.

              If the landlord agrees to remove me from the tenancy then do you know when my last payment on the property should be.

              I do not want to pay another months rent unnecessarily especially considering im moving to another part of the country in the next couple of weeks and at this time of the year when Santa Claus is very much strapped for cash.

              Comment


                #8
                I understood from previous threads (and Paul_f's reply if I remember correctly) that when it is Joint Tenancy, if one party gives notice it counts for all of them as they are jointly and severally liable and therefore the tenancy as a whole is terminated, and the LL then has to sign the remaining tenant on a new AST, should he wish to stay on.

                On this basis, (and I'm sure I'll be corrected if I'm wrong ) I would put the notice in writing, stating this fact (along with a request for my half of the deposit) and let the remaining tenant sort it out with the LL himself.

                If you had been staying on, your last (previous) payment should have been on 16th November and your next rent payment due on 16th December, but because you have paid a month in advance, that will cover the the period from 16th December payment to 15th January. (your notice should read that you will be leaving at the end of the term on 15th January not 16th beacuse that will actuially take you into another rental period.)

                But again, the LL needs to be aware that regardless of what the joint tenant intends to do, you are not paying your half.
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment


                  #9
                  I presume then that the one months notice to the landlord prior to the end of the tenancy can include the last month of the tenancy and that the notice does not have to be after the tenancy period has ended.

                  Comment


                    #10
                    Jeffery is not quite giving you correct advice:
                    1. There is no requirement for any tenant to give Notice to end the fixed term of an agreement (providing the keys are surrendered).
                    2. Notice served by any one tenant is sufficient to end an AST, so that will alert the agent into making sure a new AST should be in place.
                    3. You have already told the agent you have moved and therefore are not wanting to continue in occupation.
                    4. By surrendering your keys to the agent at the end of the fixed term is enough to end the agreement anyway.
                    5. Arrangements by the existing tenant with the agent/landlord will have to be made to draw up a new AST (which doesn't concern you), and therefore it cannot become periodic.
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      It is my intention to visit the letting agency today in order to provide them with the written information they asked for and to also surrender the keys as i am due to move to another part of the country next week. With regards to the payments on the property, with the information i have provided previosly am i required to make another payment prior to the end of the tenancy?

                      Comment


                        #12
                        All tenants are still liable for rent until the end of the fixed term.
                        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                        Comment


                          #13
                          I understand that, however, bearing in mind there was two months deposit paid at the start of the tenancy (one month in advance and one month deposit) that means that the rent which is due to be paid in December will cover the period from January - February when the tenancy has ended.

                          Comment


                            #14
                            Err.....no! The month paid in advance was for January 2006 and was the first month's rent (due in January - right?). So why do you think that December's payment covers anything but December's rent? Just add up the payments you have made so far and you can probably work it our for yourself.
                            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                            Comment


                              #15
                              OOOps .. ypu're right again Sir P. .. remind me to engage abacus before keyboard next time

                              Originally posted by Paul_f View Post
                              Err.....no! The month paid in advance was for January 2006 and was the first month's rent (due in January - right?). So why do you think that December's payment covers anything but December's rent? Just add up the payments you have made so far and you can probably work it our for yourself.
                              Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                              Comment

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