Can one tenant terminate a joint tenancy

What does joint tenant mean? In a joint tenancy you are liable for rent arrears caused by you or any other tenant. This is called joint and several liability This means the landlord can chase either tenant for any outstanding rent. Ending a joint periodic tenancy.

You can serve a notice to end the tenancy. When the notice ends, the tenancy and the right to live in the property will end for all tenants.

Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. If you have a joint tenancy agreement with more than named tenants, your rights to serve a notice could be different. Get help from a Shelter adviser if. A common issue facing landlords is one tenant in a joint tenancy wanting to leave whilst the other wants to stay.

A landlord facing this situation needs to know the rights and obligations of both tenants. If you had a joint tenancy and one party terminates the tenancy then the landlord has the right to evict you as an illegal occupant but if the person leaves and never reliquishes the tenancy they have a right to return to the property. In this instance, Stanthemansmum has pointed you in the right direction.

You really must speak with the local housing management office and explain what the position is. After you have gone through the preliminaries, tell them that you want.

Unless your friend signed as your agent, then you have a periodic month-to-month tenancy. How tenants can end a joint tenancy. If you included a break clause in the tenancy agreement.

If you agree the tenants can surrender the property. As a general rule, once a tenancy has been granted in joint names the parties cannot simply agree to “take people off” the agreement. Nor can a landlord unilaterally terminate a joint tenancy or part of a joint tenancy at the request of one of the joint tenants.

Sims argued that to uphold the common law rule, to allow a joint tenancy to be terminated by one joint tenant , regardless of whether another joint tenant was aware, or had agreed to the termination , was a breach of his rights under Article and Article of the First Protocol of the European Convention of Human Rights (his right to respect for private life and his right to the peaceful enjoyment of his possessions). See Notices to quit: tenants for more information. One joint tenant cannot terminate the tenancy on behalf of all tenants. If your agreement says you can end your fixed term tenancy early, this means you have a ‘break clause’. Your tenancy agreement will tell you when the break clause can apply.

Your landlord may ask for a single tenancy deposit and can use this to cover things like damage or unpaid rent at the end of the tenancy. If you replace another tenant in an existing joint tenancy , you should usually pay your share of the deposit to the landlord or agent, not to the outgoing tenant. In circumstances where a let property is occupied by joint tenants, common law (law developed by Judges sitting in court) dictates that service of a notice to quit on the landlord by one joint tenant , will terminate the tenancy on behalf of all tenants, regardless of the views of the other joint tenants. If a landlord receives Notice to Leave from only one joint tenant , that notice will. No-one can answer this type of question accurately for you as we don’t know what is in the tenancy.

The devil, as they say, is in the detail. You need to read your lease.

The letting agent is correct (makes a nice change). As joint tenants you are effectively one entity. One of the joint tenants serving notice ends the tenancy for all the joint tenants. In some circumstances, one joint tenant can end a joint tenancy and we will then grant a new sole tenancy.

However, all joint tenants and us must agree to this plan. If your joint tenancy is for a fixed term (for example, months), you must normally get the agreement of your landlord and the other tenants to give notice to end the tenancy. If you end your tenancy it ends for everyone. If the other joint tenant has.

Your landlord should make sure that everyone has given their permission before agreeing to end the tenancy , although in practice this may not happen.