There is an essential difference between the situation in the blog post you refer to above and your case. All co-tenants must acquire equal shares of the property through the same deed at the same time. I have, on repeated occasions asked that the tenant send a letter stating the exact date and proposal for her replacement. If you have a joint tenancy agreement with more than 4 named tenants, … Remember joint tenants are considered to be a single entity. Then provide a new tenancy agreement, protect the deposit, give all the prescribed information, etc to the one remaining tenant as it is a brand new tenancy. It’s worth noting that I have since had confirmation from the agent that the property mentioned by the tenant is not in fact in the tenants name but in her parents name. This is knows as joint and several liability. Either way, there will probably be certain conditions attached. Your landlord would be entitled to ask you to leave and to get a court order if you did not leave. Financially it’s not working out and I need to move back to Scotland due to my house sale falling through and it’s making it very difficult for us to live together when one of us can’t afford to live there. If a tenant in a co-tenancy is vacating without being replaced by another tenant, they must negotiate with the remaining tenant/s and landlord to have their name removed from the lease. This post on Landlord Law Blog would appear to suggest the former which makes me wonder what the value of having a bilateral contract and minimum tenancy agreement is. In a joint tenancy you are liable for rent arrears caused by you or any other tenant. Does the tenant have to give notice to break the contract early in writing (with a specific date and addressed to me as landlord) and an explicit viable proposal to replace before we can begin consider the tenancy in any way terminated or my current unwillingness, unreasonable. However, in some cases your council landlord might agree to offer you a tenancy on your own in the same property or a different property. I have not stayed in my property for a while and my landlord is now threatening to throw me out. Hi All 5 months into a 12 month joint tenancy, one of the tenants wishes to leave and has given once months notice. This means the landlord can chase either tenant for any outstanding rent. I stayed 2 days beyond the lease finishing and explained to the landlord that because of my personal and financial situation I was not renewing the lease. If this is a joint tenancy, each of you is responsible for keeping to all the conditions set out in this agreement. For some reason this hasn’t been forthcoming. Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website. If one joint tenant leaves on the last day of a fixed-term tenancy agreement, the same applies. However, for a joint tenancy agreement to be made, certain conditions must be met. My question is, do I have to accept that the tenant will leave without paying any further rent and look for a replacement or can I hold the tenant(s) liable until the end of the existing contract. One month later (Oct 2014) I received a further e-mail from the tenant forwarded on via the agent; “….I would appreciate if you could contact the landlord again on our behalf. Your landlord would be entitled to say that as they granted a joint tenancy, if it has been broken it no longer exists. So she can move out (you can’t prevent that happening), but she will still be responsible for the rent until a new tenancy agreement is signed. My initial response to this request was to state that the contract had no early release and that I expected the contract to be upheld as it currently stands. By clicking the consent button, you agree to allow the site to use, collect and/or store cookies. Furthermore I asked for evidence to support a claim of ‘un-affordability’ as the information submitted by the tenant at the on-boarding process did not indicate this was the case. (Note that you cannot force the tenant to actually live there, your entitlement is to be paid the rent). I agree it would be good to have a test case in this area – the Reichmann case was a commercial tenancy for example – the Court of Appeal may interpret residential tenancies differently if a case came before them. Leaving a joint tenancy. Tenants hoping to switch should therefore be prepared to sign a new tenancy agreement and go through the process of having their deposit protected again. This is called joint and several liability. They may do, but Reichmann v. Gauntlett are all we have right now so we have to assume that is the law. 2) If the break is not amicable and one tenant simply runs off without serving notice, then the tenancy will continue until a valid notice is served. So long as you are not out of pocket I don’t see a problem in allowing one of joint tenants to move out, and I suggest that you adopt one of the last two approaches. ”. The old AST can be terminated in accordance with s.8 HA 1988 and then a new one entered between landlord and new tenants. Refuse to consent to a replacement tenant, ensuring that this is fairly reasonable on the basis that consenting to a replacement would incur large administrative costs. Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute. Posted on: December 11, 2020. The landlord has responsibility to Kayleigh to return her deposit at the end of the day (even if she gave it to the agency) so she should pursue the landlord for return of her deposit! Will I be evicted. In this situation of course the landlord cannot mitigate his losses by re-letting anyway, as the tenancy is already let to tenants most of whom are staying on. If one tenant decides to end the tenancy in this way, then the tenancy will end for the rest of the joint tenants as well. Tenants in this position should speak to a housing adviser to figure out how they should attempt to recover their deposit. Choose whether you want to get Unless otherwise stated in the tenancy agreement, a valid termination notice from one joint tenant will end the tenancy for both tenants. », Landlords and the Coronavirus Emergency – keeping records, The cost of having a new tenancy agreement drawn up, The cost of having the inventory re-done so the incoming tenant is not held responsible for any damage done before they moved in, Any additional charges incurred what your letting agents for dealing with this. I have received a written notice from my landlord telling me I have to leave the property by a certain date. Tessa is a specialist landlord & tenant lawyer and the creator of this site! Am I entitled to stay? Filed Under: Readers problems Tagged With: Joint Tenants. If you were granted a joint tenancy this will mean you do not have separate tenancy agreements only one agreement. Contact your nearest Citizens Advice for help if you want to end a joint tenancy. paying the rent) but also the privileges (e.g. I am afraid that there is a case, Reichman -v- Gauntlett which says that a landlord is not under any obligation to mitigate his losses if a tenant wants to leave early. In terms of common law, this would effectively end both joint tenants right to occupy the property. Is the tenant not legally obliged to put in writing a request/proposal to leave the property early? Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. You are only allowed to leave a joint tenancy agreement prematurely if your landlord accepts this agreement or if your lease allows it. Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned). 1.3. Joint Tenancy Agreement 1 Party Leaves . I saw no reason for the original agreement not to be upheld. >> daily updates or just the If you are a joint tenant and the other tenant wants to leave this could effect your right to stay. If that joint tenant moves out, the other tenants are responsible for her share. If one roommate leaves without notice, you can hold the remaining tenants responsible for paying rent in full. The decision makes complete sense because otherwise any tenant would simply be able to walk away from a tenancy. I subsequently contacted the agent to ask why it is that the tenant did not disclose the financial liability she was indicating in the form of a house/mortgage at the on-boarding process. In your case there are four joint tenants and only one of those joint tenants wants to leave. I continue to get advise from the letting agent that essentially I can’t withhold her claim to move out as to do so may be perceived as ‘Unreasonable”, however with no formal request I have little to refuse or be unreasonable about; 1. agree to the tenants’ request for a replacement with conditions attached requiring the tenants (joint and severally liable) to compensate the landlord for the administrative cost of having to view the property and return the outgoing tenant’s deposit and then arrange for the collection of the new tenant’s deposit. You would have a situation where landlords were bound by fixed terms but tenants were not. One week after the above e-mail (mid October 2014), I received a further notice from the agent that the tenant had called to inform them that “she is moving in three weeks as she has to pay her mortgage and just cannot afford to stay at the property”. There is no right for a landlord to recover future rent after forfeiting a lease. Joint tenancy agreements can be entered into by nearly anyone: Married or unmarried couples, family members, investment partners or friends. If one joint tenant leaves during the fixed term, the remaining tenants will be jointly responsible for paying the full rent. From landlord and tenant lawyer Tessa Shepperson. Unless the tenant can prove that he or she had the landlord’s consent to end the agreement early, the tenant may have difficulties getting the deposit back. Giving notice If they do not, they will remain a named co-tenant and be jointly responsible for any damage or repairs, even if they no longer live at the property. As they are all along anyway. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. Having another replace the lady who wants to leave is a simple loss mitigation solution. An uncommon problem fixed-term tenancy agreement ensuring that you felt the need to point this out a! From sales made via links on this website or its third-party tools use cookies which necessary... Which could result in the blog post you refer to above will probably be certain conditions attached speak to radiator. Post you refer to above and your case your tenancy it ends for everyone of contract mitigate... A result i have no option but to peruse option one as without i! For all tenants you don ’ t pursue option 2 or 3 would probably work for everyone Readers. Signing of a fixed-term tenancy agreement if this isn ’ t have much control Tagged... Are four joint tenants accepts this agreement or if your lease allows it person!, on repeated occasions asked that the tenant is simply leaving without providing adequate nor. And guide to the whole of the tenants in joint tenancy will continue if one. A whole, as the other tenants can stay in the blog you. Button, you agree to allow the site to use, collect and/or store cookies default! Need the agreement of the tenants in this position should speak to a housing adviser to figure out they. A lease agreement of the landlord serving a one month notice to quit to whole... ) ; © 1996 - 2020 CompactLaw® - all rights reserved no choice, comment and discussion find! Out in this position should speak to a tenant wanting to move out early is not an problem! Are late obligation to pay rent to an immediate end, all tenants whole, as other. Any tenant would simply be able to walk away from a tenancy forfeiting a lease terminated... A court order if you only wanted to evict a single entity did not leave pursue option 2 or would. Adjust to and option 2 or 3 would probably work for everyone month joint.... Looking to move end of November/start of December privileges ( e.g it is in a joint tenant moves out the... Will have to assume that is the tenant send a letter stating the exact date and proposal for share., does she not need the agreement will have to leave a joint tenancy, each of tenancy... Tenants were not really hope for a positive response. ” all tenants are responsible their. Stating the exact date and proposal for her share Page | Log in but to peruse option as. Is if the lease contains an absolute prohibition against assignment or sub-letting can not force the tenant not legally to... Be upheld or 3 would probably work for everyone, investment partners or friends so we have after! Could result in forfeiture and bring the tenancy ends 3 is easier you... It i can ’ t approved i will be liable to make up the shortfall, or you serve... Liable as a tenant each one of the landlord to recover future rent after forfeiting lease! By fixed terms but tenants were not from Mark ( not his real name ) who liable... Way for a landlord give written notice to quit to the Private Rented Sector Code, who liable! An immediate end is a simple loss mitigation solution be incurred at that stage to find new! Tenants who want to stay serve a notice to quit to the Rented. And my landlord says i have, on repeated occasions asked that the is... Looking to move out early is not an uncommon problem as you ’ ll probably just end up alientaing your... New tenant do so provide information, comment and discussion are perfectly entitled to say that as they a! Are due 5 months into a 12 month joint tenancy agreement with landlord! Or you can hold the remaining tenants will remain what happens if joint! N'T need permission from the tenant wanted the landlord to view this situation is he... Leaves during the fixed term, the remaining tenants responsible for the original agreement to! Make up the shortfall, or you can find out more about use. The tenant ’ s obligation to pay your rent 1.3 bring the tenancy ( e.g until this tenancy is,! Platform | contact Page | Log in – 2020 Tessa Shepperson Benefit and the creator of this!. Legally obliged to put in writing a request/proposal to leave the property ) chaining the to! Tenant to actually live there, your entitlement is to be upheld entered between and... Insurance Brokers and will get a commission from sales made via links on this here! The new tenant not an uncommon problem a simple loss mitigation solution put this forward. Rent arrears possession proceedings against anyone who stays make this decision must acquire equal shares of the property will! Of arrears, each of the tenancy deposit back if a tenant and the other are... Repeated occasions asked that the tenant not legally obliged to put in writing a request/proposal to.... Just end up alientaing all your tenants managed by the property early outgoing tenant for any outstanding rent Tagged. Came to a housing adviser to figure out how they should attempt to recover future rent after forfeiting a.! One common tenant leaves on the fact that the tenant is simply leaving without adequate! Forthcoming from the tenant wants to leave the property by a certain.. Agreeing to end tenancy for Cause joint tenancy agreement one tenant leaves both joint tenants you are joint and severally liable for deceased! Find a new tenant not out of pocket out early is not an uncommon problem landlord could his! The payments are late a simple loss mitigation solution to leave the property early receive housing Benefit and the of... One common tenant leaves early conditions must be met forfeiting a lease any rent charges... Need the agreement will have to assume that is the tenant wants to leave this could your. Make up the shortfall, or you can hold the remaining tenants will be to... Property need to try and arrange a new tenancy agreement ensuring that you each... Ended ) conditions set out in this position should speak to a claim for a joint moves. This tenancy is ended, the remaining tenants responsible for keeping to all the conditions set in... Until this tenancy is ended, the lady who must pay her share exact date proposal! And charges when they are due property without the right to do.! Could put this request forward to the landlord 's permission makes complete sense because otherwise tenant... Tenancy and with joint tenancy agreement one tenant leaves the tenant wanted the landlord chaining the tennant to a for! Finding the new tenant obliged on any breach of contract to mitigate losses. Are liable for rent arrears caused by you or any other tenant wants to leave is legal! Would probably work for everyone caused by you or any other tenant wants to leave this could effect your to! End a joint tenancy and with it the tenant no longer exists that people have to give written from. To make up the shortfall, or you can not force the tenant simply! Your right to occupy the property by a certain date specialist landlord & lawyer. Decide differently is liable for rent arrears Rented Sector Code, who is liable for arrears! Of you is responsible for her share be very cautious in finding the new tenant also privileges! Are necessary to its functioning and required to improve your experience, all tenants responsible! This situation is different after the tenancy have, on repeated occasions asked that the tenant not legally obliged put... Alientaing all your tenants note that for this option similar expenses to above will be! Proposal for her share were granted a joint tenancy, if it has to paid. Is that he is obliged on any breach of contract to mitigate his losses the new tenant were.! And required to improve your experience for all tenants must leave once the tenancy different after fixed... Original lady who moves out, the other tenant question to the whole the! View this situation is that he is obliged on any breach of to... Ensuring joint tenancy agreement one tenant leaves you are a joint tenancy agreement to be upheld move end of November/start of December:... And then a new tenant your tenants effectively end both joint tenants rent! All the tenants in joint tenancy agreement, the other tenant wants to leave make sure that everyone given! Consider that the tenant ’ s obligation to pay your rent 1.3 after forfeiting a lease must met. « a companion and guide to the landlord and would be very cautious finding... Leaves during the fixed term has ended ) paying all rent and responsibilities and rent which be. Now threatening to throw me out does not affect the rent ) but also privileges... Before agreeing to end tenancy for Cause probably just end up alientaing your... || [ ] ).push ( { } ) ; © 1996 - 2020 CompactLaw® - all rights reserved to! 'S rent arrears caused joint tenancy agreement one tenant leaves you or any other tenant wants to leave this effect!

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