Hi everyone! So, I have been renting a property with another person for a year now. Our contract is going to end on the first of September, while I do not wish to renew the contract my housemate does. What is the proceeding on such situation? I thought since I am not terminating my lease early, the agency was going to make a new contract just for him and whoever is the other person wishing to stay with him, but they are asking for me to sign a deed of surrender. As far as I know, correct me if Iām wrong, you will need a deed of surrender only in case one tenant wishes to terminate their lease prior to contract end date. Are they trying to trap me or what lol could someone please help me understand this
This is what the agency has said
Good afternoon all,
To recap on this situation. The current AST is joint and several meaning that the tenancy is one tenancy and not two separate tenancies per room. Both tenants share equal and total liability for the rental payments and upkeep for this property meaning that any one tenant can be approached for full rental payment for this property. Equally, the tenancy does not end until such time that both tenants vacate or a deed of surrender/ deed of variation takes place.
The onus to source a new tenant is placed on both existing tenants as the current contract remains in place until such time that the exiting tenant is replaced or otherwise, both tenants submit notice to vacate.
I hope that this clears any confusion however can assist further if required although my answer to the above will not change as this is inline with current legislation.
If you do not ābothā leave on 1st Sep, then likely your tenancy will roll over into a periodic tenancy, that you both remain liable for.
My view, is that you must read your tenancy, and serve notice to end the tenancy in accordance with its rules. This notice ends the tenancy for both of you. You then need to let the remaining tenant negotiate with the Landlord to sign a new tenancy sole or with a new co-tenant.
Thanks for your response Karl, the AST states this
Break Clause
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 āto and includingā).
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 monthsā 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.
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 monthās 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 monthās written notice must expire the day before a Rent Due Date.
Does it mean I shall give notice to the landlord by written letter? From what I have found on the internet one tenant can leave during periodic rollover with due notice and the other tenant shall sign a new contract. I also do not have a visa anymore and am not in the country as I have vacated the property months ago and yet was waiting fort the fixed term to end.
You can serve notice unilaterally now to end the tenancy for both tenants on 30 September. Its then up to the other tenant and the landlord to work out any follow on arrangement. Your notice to quit if compliant and properly served will end the tenancy and you will have no further liability, even if the other tenant remains in the property without agreement.
Thanks David, I have already given notice on the 4th of June, 2024 and even received this email as confirmation:
Good morning both,
RE: address/ - 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 ).
It 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.
The other tenant then changed his mind and planned all this with them without informing me. what shall I do? Is this valid notice?
Our AST states this in The notice clause
2.3.5 If any notice or other document is served by electronic means, the notice shall be deemed to have
been served on the day it was sent.
2.3.6 An email used in relation to email service shall be deemed served if delivered to a junk, spam or other similar folder of the recipientās email account or internet service provider.
The tenancy agreement in clause 5.1 allows either party to terminate the agreement. You complied with the requirements and your notice was accepted. The tenancy will end for both parties on 1 Sept. Once a tenant notice has been served/accepted, it cant be rescinded by either party, so the other tenant cant just change his mind. Your liability will end on 1 Sept and if he remains he will become a tresspasser. The landlord would be entitled to a daily occupation charge, (mesne profits) from him alone at a rate of double the previous rent under the Distress for Rent Act. If he wishes to avoid this he should either move out or attempt to negotiate a new tenancy to begin on 1 Sept.
I know Iāve been trying to say it, however the agency is not listening and has given me a final response stating that if I donāt comply they will just start the periodic roll over. What shall I do
Well I would just reply advising them to take legal advice as I believe they are wrong in law and that I will be leaving by 1 September and paying no further rent and that they are welcome to take legal action against me if they believe otherwise. However, I wouldnt advise anyone else to do that without confirming the legal position with a housing lawyer or Shelter.
They would have no legal basis to pursue the guarantor or retain any deposit. If youre not confident, get a legal opinion from a specialist and send it to them.
Yes, youre correct that I mis-read it. Thank you for raising this. My apologies to Luciano. Both tenants would currently need to give notice for it to be valid. Luciano will be able to serve notice unilaterally once the tenancy becomes periodic.
If your other shared tenant wishes to stay tell him he has to apply to the LL and agent and pay all the rent. You are leaving and have given notice under the 12 month tenancy. Remember you need a place to live after the tenancy ends. Start moving your stuff out.
No, you cant serve the notice unilaterally until the first day of the periodic phase of the tenancy, (Im assuming this is a Contractual Periodic Tenancy as per clause 5.1). If the fixed/initial term ends on 1 September then I think you can serve on 2 Sept. There appear to be conflicting clauses in the agreement about when your notice would need to expire. You may want to get advice from Shelter or a housing lawyer on that point. Alternatively you could try entering 1 October as the expiry date but ask for confirmation of acceptance in the notice. If not accepted, you still have time to serve a notice ending 1 November.
The thing is we both did serve notice then he later changed his mind and somehow this is fine, although I read that you canāt withdraw notice to vacate. Also donāt feel like paying two months worth of rent when I havenāt been living there since May itās tough I wish I never stepped foot in that house
itās tough I wish I never stepped foot in that house