Hi, the couple renting my house have split up. One of them has given me their notice but as it’s a joint tenancy am I right in thinking they both have to give me notice before the 2 month period begins?
The other tenant has said they are looking for an alternative housemate and may also look to take it on themselves but this isn’t confirmed yet.
Is this tenancy still on a fixed term? If so, their notice is invalid as tenants cant serve notice during a fixed term tenancy. If its periodic then one persons notice ends it for both.
If you have set up the tenancy using our Rent Now service then the tenants will be jointly and severally liable. This means that anything that one of the tenants does affects the others. E.g. if one tenant didn’t pay their share of the rent then the other tenant would be liable for the the arrears. Similarly, if one tenant serves notice then it will end the tenancy for all tenants.
While @David122 is correct that technically, the tenants would need to be able to use the break clause in order to serve notice unilaterally (without the landlord’s agreement), many landlords consider it to be in their interest to agree to end a tenancy early, even if the break clause isn’t applicable. Ending a tenancy early can help avoid a breakdown in the tenant/landlord relationship and avoid the risk of arrears.
A tenancy can always be ended, at any point, by mutual agreement..
If you do decide to agree to end the current tenancy and enter into a new tenancy with either the remaining tenant or the remaining tenant and a new tenant then you’ll be able to set up the new tenancy using our Rent Now service at no additional cost. We’ve got a full guide on how to accommodate tenant changes in our Help Centre: https://help.openrent.co.uk/hc/en-gb/articles/360011345437-Changing-a-Tenant-or-Guarantor-in-a-Tenancy
One final recommendation to make sure that you update the deposit or deposit replacement agreement to reflect the changes.