Can one tenant end the co-joint tenancy without permission to end it from the other tenant?
My fixed term AST co-joint tenancy became periodic this May.
I have provided two months notice, starting from my next rent pay due date.
My landlord refuses acknowledging the notice period, and claiming one person cannot end it. They claim the only way for me to terminate my tenancy legally is to find a replacement.
Where are you england? Wales? Scotland?
"
The tenancy agreement should say how much notice your tenants need to give before they can leave the property.
The maximum notice you can ask your tenant for is 2 months.
If the tenancy agreement does not say how much notice your tenant must give, they will need to give at least 2 months’ notice.
You can agree with your tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing.
Your tenant must give their notice:
*** so the tenancy ends on a day when the rent is due or the day before the rent is due**
*** in writing, for example, by letter, email or text"**
And
" If more than one tenant is on the same assured periodic tenancy agreement
This is a ‘joint tenancy’.
If a joint tenant wants to leave, one tenant will usually be able to end the joint tenancy without the agreement of the other tenants.
If a joint tenant asks to give a shorter notice period, all the other joint tenants will need to agree to the shorter notice period."
Good luck
Just serve the notice and move out. Your landlord will soon learn they have no case if they try to take action against you. Make sure the notice is valid. Get some advice from Shelter if you’re not sure.
If the landlord tries to keep your deposit, just contact the deposit scheme with the facts and they will ensure you get it.
It’s England. Many thanks for the advice!