Joint tenancy notice to quit?

Landlord Discussion Legal
1

Hello again, I would like to ask some questions!
As I have stated in a previous topic, I have been renting out a place with another person on a joint tenancy of a 12 months fixed term and then monthly periodic roll over. In June both me and my housemate gave notice to leave on the fixed term date (1st of September) once contract expired. We received confirmation from the agency that the notices had been formally submitted and that the contract would end on the first of September.
This is what they said in the email:

<<Good morning both,

RE: 1************** - Confirmation of notice to vacate

Thank you for your email dated 03.06.2024 / 04.06.2024

at 20.26pm / 18.08pm and all further correspondence regarding your formal submission of notice to vacate.

I can see that your current contract is in a fixed term up until 01.09.2024. I also note that you submitted your notice to us on 03.06 & 04.06 and so can therefore confirm your contract end date to be the 01.09.2024 ( last day of the fixed term period ).
would also be most helpful if you could advise by return your availability for viewings to go ahead over the coming days / weeks and also whether you wish to be in attendance or if we should simply attend with keys ( with prior notice ). We would also like to request a date for a pre-check out visit to go ahead whereby we can attend to check the apartment with you and advise of any possible deductions that the landlord could put forward to your deposit as this would allow you ample time to resolve such issues prior to any deductions being made.

I can confirm that I have informed your landlord and my colleague William shall be in contact with you shortly in order to forward some information on in relation to your check out.>>

My housemate later changed his mind and decided he’s not going to leave. Obviously this is affecting me since if he won’t leave I will also remain liable for the payment of rent during the periodic roll over. They are asking me to sign a deed of surrender however I am not in the country and there’s very little communication from the other tenant, making it difficult for me to find a new housemate (also, they keep increasing rent and it’s very expensive and tbf not worth the money I doubt anyone would rent it).
Now, can you legally withdraw your notice to vacate after it has been confirmed by the agents? Is submitting a notice to quit for the periodic lease a good idea for me? It’s a monthly periodic, so what would the dates be? Also what should I write, and does it have to be an email or certified mail? Does it make me an evil person to do this? I left the property months ago and don’t hold a visa anymore, yet I kept paying the rent awaiting fixed term date since they had previously said it was going to end.

This is what the AST states:

The Term shall be from and including 02 September 2023 to and including 01 September 2024 (the Fixed Element) and then the tenancy continues as a Monthly contractual periodic (the Periodic Element) until ended following either party giving notice. Please see clause 2.5 as it contains important information about what you must do to end the tenancy
2.5 Break Clause
2.5.1 This agreement creates a single tenancy that starts with a Fixed Element and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the date quoted in 1.6.1 as “to and including”).
2.5.2 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the Fixed Element, subject to any statutory limitations, by giving to the Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.
2.5.3 The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the Fixed Element by giving to the Landlord at least one month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date.

Thanks for helping and sorry for the bunch of questions, I’m not very familiar with this and feel like I’m wasting money

2

My ‘non legally qualified’ personal view is that your notice has been accepted, and your contract ends on 1st September. Both of you need to be out by that date unless the joint tenant wants to make a new contract with the agent going forward.

That said, if you ‘both’ do not give up free possession on 1st Sep, then you also would be liable for Landlord costs going forward in getting the joint tenant out of the property, as they would then be a tresspaser.

You should not pay any contribution to rent after 1st Sep. If the agent accepts rent from the joint tenant after 1st Sep, then they would by default have created a new non written tenancy with them, that you are not liable for.

3

Thanks Karl, that’s the point I was trying to make with the agency, however, they are pushing saying I’m wrong and that if the other joint tenant doesn’t leave then the contract is not ending and will go on automatic periodic asking for me to find a deed of surrender and be responsible to find another tenant to replace me. It is sad, because they are informing me of this two months after firstly accepting notice from both and confirming it was ending on fixed term. I don’t know what they have done behind my back with the other tenant, this is very strange.

4

Ive replied on your original post.

5

Thank you David, I responded back :frowning: it’s ridiculous they refuse to acknowledge what I had to say and keep saying I don’t know the legislation when I said you can’t withdraw notice to vacate

6

Please continue discussion on the original post here: One tenant leaving, one remaining help.

This is a duplicate so will be closed.