# Joint tenant wants to leave before end of term

**URL:** <https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395>\
**Category:** Legal\
**Created:** [14 October 2021 18:01 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395 "2021-10-14T18:01:05Z")\
**Posts on this page:** 5\
**Page:** 1

<div class="post-metadata">

**Author:** ![Arthur](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/arthur/32/515_2.png) [@Arthur](https://community.openrent.co.uk/u/Arthur)\
**Post date:** [14 October 2021 18:01 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395/1 "2021-10-14T18:01:05Z")

</div>

One of my joint tenants wants to leave half way through the initial 6 month term. The other tenant wants to remain. What is the best way to proceed? If I agree that one tenant can end the tenancy early, their name will still remain on the tenancy. Presumably I will need to agree a surrender with both of them and then start a new tenancy?

---

<div class="post-metadata">

**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\
**Post date:** [14 October 2021 20:58 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395/2 "2021-10-14T20:58:57Z")

</div>

Both tenants are liable for rent for the whole fixed term unless you allow them to end it early. If you do this, the all parties sign a surrender and the tenancy ends for everyone. You cant just release an individual tenant in a joint tenancy.

I would want to re-credit check the one who wants to remain and only agree if he can afford it. If so then you need a whole new tenancy with all documentation and dealing with the deposit. All this has a cost and you can charge the tenants, but only your actual costs.

---

<div class="post-metadata">

**Author:** ![Steve11](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/steve11/32/450_2.png) [@Steve11](https://community.openrent.co.uk/u/Steve11)\
**Post date:** [14 October 2021 21:31 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395/3 "2021-10-14T21:31:17Z")

</div>

Just out of interest would the procedure be the same if the joint tenants were outside of the fixed term and on a rolling periodic contract ?

---

<div class="post-metadata">

**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\
**Post date:** [15 October 2021 19:47 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395/4 "2021-10-15T19:47:44Z")

</div>

No, with a statutory periodic tenancy, either tenant can serve notice unilaterally, but it does still end it for both. With a contractual periodic tenancy, it depends on the wording of the tenancy agreement.

---

<div class="post-metadata">

**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\
**Post date:** [16 August 2024 01:50 UTC](https://community.openrent.co.uk/t/joint-tenant-wants-to-leave-before-end-of-term/27395/5 "2024-08-16T01:50:38Z")

</div>


