I signed a one year contract with my housemate from December to December. We were served a section 21 notice in October and I told the letting agents I won’t be renewing and I’ll be leaving on the 17th Dec (date tenancy agreement ends). My housemate however wanted to stay and the letting agents told her about the rent increase and if she agrees she can find a replacement for me. Fast forward to December and she hasn’t found someone to take the other room but has said she’ll pay the rent for the whole flat (I didn’t find any of this out till the day before I moved out because the letting agents have only been discussing things with her) she calls me and tells me that she’s been told even if I move out I’m still liable for rent as there’s no one to take over my room. I call the lettings agent and the lady says ‘I’m not sure how much u can tell you’??? Anyway after some harsh words she explains that because my housemate is staying on past the tenancy end date it now becomes a rolling contract and I’m liable. Do I have any legal standing here? I gave verbal and written notice than I was leaving at the end of the tenancy and after that they stopped communicating with me regarding anything pertaining to the new contract eg renewal, rent increase etc. They agreed with my housemate that she can stay and discussed those terms privately with her so why am I still liable if she didn’t meet them?
I just need help knowing what options I have because 2 months have gone now and even though she’s staying in the whole place by herself my housemate is only paying half the rent and I’m still getting rent arrears emails. In addition they’ve told her they’re taking my deposit even though no one from the lettings agency has spoken to me since December.
Your landlord can apply to court to evict you after a section 21 notice ends. This starts the next stage in the eviction process. But your tenancy continues until you either:
agree to leave
are evicted by court bailiffs
So, you’re not liable. Is there an e-mail from you confirming the date when you were to move out? I would say handling the keys is sufficient. But the agent seems to be a rogue and may deny this fact. Just thinking aloud ))).
I generally find that TT have more problems if they go through Estate Agwents.
Im afraid that you are legally liable. In a joint tenancy there is effectively only one Tenant, comprising both people. The option to end a fixed term tenancy by just leaving at the end of it only applies if no-one remains in the property after the last day. If they do, then a periodic tenancy arises for all joint tenants.
To end your liability, you have to serve notice once the tenancy becomes periodic, (not before as any tenant notice then is invalid unless the contract grants that right). Your notice would end the tenancy for all joint tenants, so your housemates tenancy would end too. Unfortunately you cant serve a valid notice until day 2 of the periodic tenancy, so you would be committed to another 2 months rent.
The legal implications of a joint tenancy are often misunderstood. They are more suited to couples in a relationship, rather than sharers. The other tenant, although they are paying their half of the rent is also jointly liable for your share so they should also be getting rent arrears emails. If the arrears escalate to court proceedings and CCJs the other joint tenant will also get a CCJ in their name even though they are paying their share of the rent. Let the other tenant know (as they may not be aware) that if they don’t leave it will end badly for both of you.