one person on joint tenancy leaves

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    one person on joint tenancy leaves

    What to do if a joint tenant leaves during the 6 month period does a new contract have to be done in the remianing name & for how long?. Or, can we just get it in writing that they have left and are no longer responsible.

    #2
    Originally posted by missjules View Post
    What to do if a joint tenant leaves during the 6 month period does a new contract have to be done in the remianing name & for how long?. Or, can we just get it in writing that they have left and are no longer responsible.
    Leaving is irrelevant; that person is legally still jointly and severally liable for full rent (as is survivor).

    Leaver could ask L for a formal Release of obligations. Really, leaver should also ask survivor for an indemnity- if L ever claimed against survivor, leaver could be roped-in to pay 50% unless l has released or survivor has indemnified.

    Please explain whether you are leaver, survivor, or L!
    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
      Not sure whether you are a tenant seeking to negotiate a change in tenancy agreement before the end of a fixed term or a landlord who is preparing for this. However, the following site has good info (specific to England so look up the right pages if you are located elsewhere).

      http://england.shelter.org.uk/advice/advice-3130.cfm

      Rights of Joint Tenants

      You are all equally responsible for paying the rent and keeping to the terms of your agreement . If one tenant is not paying the rent or causing other problems you could end up having to pay her/his share, or any other costs. Your landlord may be entitled to keep the deposit if there is any rent owing or damage to the property at the end of the tenancy.

      If a one joint tenant ends the tenancy , everyone will have to leave unless those that want to stay can negotiate a new tenancy with the landlord. This is a complicated area and you should get advice.

      Similarly, the landlord cannot evict one joint tenant without evicting all of you. However, s/he may decide to offer a new tenancy to the remaining tenants once the original tenancy has ended. Talk to your landlord about this if you want to stay.

      If the tenants have disagreements, they are responsible for sorting them out between themselves. Only in extreme cases will the landlord or anyone else get involved.

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