My son was in a toxic absusive relationship. He gave notice properly. They told him as it’s a joint tenancy his ex would have to leave when he did. They wouldnt terminate early so they were both liable untill the end of the fixed term.
My sons mental health got worse living with her, we even had to get the police at one point.
My son, emailed the agent informing them he had left the property as the enviroment was unbearabke to continue, but he understood he was liable for rent untill the term ended.
His ex refused to leave the property and racked up rent arrears.
My son has since started a new life in a different town but the agency has emailed him informing him they have put the tenancy on a periodic contract and hes still liable as she has not left.
Is this legal? I cant find anything online for his situation.
Thanks Mark, I would have assumed they would have gone through the process of evicting her legaly. With them being fully aware of him vacating I dont understand how they can legaly tie him to the joint contract to roll it over.
Because they’re agents who don’t care as long as they get paid then it’s all good for them.
Sorry for what happened to your son but unfortunately I have little confidence in agents doing what’s sensible as they simply don’t care about tenant or landlord in any regard…
Strictly speaking, your son should have served notice again to terminate at the end of the fixed term. The original notice was not valid without the agreement of the landlord/agent. This would have ended the tenancy for both of you. The agent should have informed you of this.
Your son is still liable as the joint tenancy continues as periodic unless both tenants leave at the end of the fixed term. He needs to serve notice to end his liability. The agent has the option of collecting the whole rent from either party and if he cant get it from the party who remained, he may try to recover the full rent from your son.
Have a read of “What happens when only one tenant wants to leave a joint tenancy agreement?”
(Scroll down the page)
The key thing is whether what your son emailed them constitutes notice to end the AST, only notice from one tenant is required to end the AST for both parties.
@Mark10, the problem is that a tenants notice is normally invalid during the fixed term and would only be valid if the tenancy agreement expressly permitted this and even then only if jointly served by all tenants.
“The Tenant” can leave without notice at the end of the fixed term, but in a joint tenancy that comprises both people. If one remains then the tenancy continues as periodic for both people.
The only way for an individual joint tenant to leave a joint tenancy is to serve a valid notice to quit from the second day of the periodic tenancy, which would expire almost 2 months later.