Liability for court action

Hi there.

I currently have a joint tenancy with my former partner. Our fixed period comes to an end shortly and will then be a periodic tenancy. We have no rental arrears.

If I serve a notice to quit once the tenancy is periodic, will the landlord still be able to look to me for payment if my former partner refuses to leave?

I understand that when the tenancy is periodic, I can bring it to an end without the agreement of my former partner. I no longer live there and know that she will not leave willingly. She will try to make life as difficult for me as she can.

I would be grateful for your views.


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Yes, if you serve a valid notice during the periodic phase of the tenancy it will end for both tenants on expiry and you will have no further liability.

If this is a fixed term tenancy then you have to serve notice on the second day of the statutory periodic tenancy, which means a further 2 months as it must expire at the end of a tenancy period.

If its an initial term of a contractual periodic tenancy then you have to follow whatever the contract says about the notice.

A valid tenants notice must express the clear intention to end the tenancy and leave and must be a minimum of a month.

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