Hi,
I have joint tenancy with 3 other tenants for last 3 years , but it is now rolling contract monthly. Due to irrevocable differences, I would like to move out of the property. Rest of the tenants not interested to sign any new contract nor interested to pay any rent. I am paying all the rent and bills due to other tenants are X-wife and her parents. Now Estate agent is increased rent 300 and it is very difficult for one person to pay everything.
I tried to give notice in May ,but Estate agent says until all the signatures present on the notice it is invalid in email. But I am certain that is not right reason for rejection.
I gave one more notice today and waiting for estate agent response on Monday.
Now my questions are
if I leave the property and rest of the tenants refuse to sign or pay rent, am I liable for rent?
If that is true, it is unfair for leaving person to pay rent for present house as well old house.
Another option is to force estate agent to take action by not paying rent. Seems valid option as it will definitely bring the issue to end.
is there any chance I can sue joint tenants even there is no agreement between the tenants how to pay the rent?
Please suggest or give me some ideas to end this nightmare.
I read some places estate agent can chase leaving tenant even he gives proper notice in rolling contract. Below paragraph from shelter website says , you no longer liable for rent once you server notice.
A periodic tenancy is ended differently to a fixed term tenancy. You won’t need your ex’s agreement to end it, and you’ll no longer be liable for rent once your notice expires.
However, if one of you ends the tenancy it means that the other joint tenant no longer has the right to live there. They’ll have to leave unless they can agree a new contract with the landlord.
If the tenancy is periodic, you can serve notice unilaterally and that will end the tenancy for everyone. The notice must be a minimum of a month and must end on the last day of a tenancy period. If the agent doesn’t accept it just ignore then as they’re legally wrong. Alternatively quote Monk vs Hammersmith and Fulham.
Thanks. I did give notice in April through email. I was told email notice can be valid or not depends on judge if that goes to that level. So decided to give proper written signed notice through post as well as email. All i am trying to do is 100% fool proof.
But i am more relieved now as i found out estate agent hasn’t realised yet as current situation created HMO tenancy with 4 tenants and 2 children which means 6 people with 2 different house hold. Curent prropery is not builtt for HMO and no license. It is major issue for him when i start using this info against him. Even i was told i can apply for rent possession order. Need to investigate further.
FInally i can feel, i am getting out of jail finally.
You dont need to use that against him and you want to be careful about future references. You have a legal right to end the tenancy. Just serve the notice and move out when it expires. Whatever he threatens, he won’t take any legal action because his solicitor will put him right.
Thanks David. I know the importance of referances. But i doubt he gives me any good referances right now as i left irrespective of his warnings. . Any way right now i am capable of buying one bed flat but would like tp have 2 bed. That means another 6 months savings after that i am free from these issues.
Think about when i have right to give notice and he rejected it by saying all signatures needed and when i went to his office and explained my current situation of 3 tenants ganged up and i have to cook midnight and no place in my own fridge & freeger. Instead of sympathetic, he threatened orally infront of his staff with ccj, small claims court and unable buy house in near furure if rent goes to arrears to the guy who paid 44 month rent on time.
That shows he is only interested in his rent. Let me see how reacts when i exit and rent stops (which will happen). I believe he will threaten me again as i prefer it on writing. If that is the case, i have no hesitation to use what i got in my hands.
Though i am from land of Mahatma Gandhi. But don’t follow if some slaps your cheeck and shows other. It is irrevalent in modern world.
Also again i will explain to my furure landlord as referance from 5 tenancy to single tenancy comparasion is not right. As joint tenancy treat all aa single unit and any blemish on one tenant reflect on all of us. But i have proofs of 44 months regular payments and council tax n water bills and happy to pay 6 months upfront too and i leave rest of it new land lord’s hands.