Can I end a shared tenancy?

[kriso]

I think I have a shared tenancy - there are 2 tenant names on the tenancy agreement and 2 signatures. Is it possible for 1 tenant to end it without necessarily getting the agreement of the other?

From searching on the internet I think it is possible to do so. But can anyone confirm this?

Thanks

Edit: The tenancy was fixed but after 6 months became periodic

[Nightmare4banks]

Hi kriso,

In reply to your post,please answer the following questions:

1.When did you sign the tenancy agreement?

2.When does the tenancy agreement expire?

The answers to the above questions should hopefully enable me to assist you further.

[kriso]

Hi Nightmare4banks, I updated my original post - the tenancy was signed in May 2007 and was for 6 months, but is now periodic

[Nightmare4banks]

Hi kriso,

In reply to your posts and in my personal view:

1.As you have already lived in the property throughout the fixed term period i.e. the 6 month initial tenancy,so I feel this would mean that you should just give your landlord 1 month notice - just good practice and no justification to want to deduct from the deposit and also to give him a chance to find a replacement tenant to move in once you vacate.

2.Also,the issue with the other tenant is not an issue any longer as you have both remained in the property more than the initial 6 month tenancy agreement i.e. you have fulfilled your obligations as a tenant by remaining in the property for the first 6 months.Any time thereafter is not considered as a part of your obligation as a joint tenant.If you had wanted to move out say in August 2007,this would be a totally diffferent matter as that would fall within the validity of the joint tenancy and your obligations that arise out of it etc.

3.So in my view,you should easily be able to vacate and the landlord would need to draft up a new agreement between him and your current joint tenant or advertise and get another tenant to create a new joint tenancy.

To be perfectly honest and blunt with you,that is not really your problem as you will cease to live in the property.

IN BRIEF:

DON'T WORRY ABOUT IT!

I hope you find this information useful.

If you have any further questions,just ask.

Keep us posted.

All the best!

[kriso]

Thanks for the info, it's very helpful I want to move out early September and that means I have to give one months' notice by the 4th August (the day the rent is due). So really I need to go and see the Letting agent tomorrow and hand them a letter.

Thanks again!

[Nightmare4banks]

kriso,

No problem!

Best of luck!


Don't forget to be flexible with giving the landlord access if he wants to show a potential new tenant around the property.It is always better to leave a property on good terms with the landlord.Just a thought.

[kriso]

Yep, I have no problem with the landlord/letting agency showing people around. I will be very cooperative...I just want my deposit back as there is nothing wrong with the property

[Nightmare4banks]

kriso,

Just to add:

1.If you moved in on the 4th,try to moved out on/by the 3rd of the next month.It is easier and better for you because it would not overlap onto another rental month.Also the landlord/agent know their position on the reletting etc.

2.Take photos of the inside of the property prior to departure - just in case the agent/landlord attempt to try to want to deduct any monies from your deposit.

JUST...

BE SAFE RATHER THAN SORRY!

[kriso]

Yep, the exact date I am looking to move into another place is still under discussion but I will try and start my new tenancy on the 1st September so I will have a few days overlap to sort things out...and be out on the 3rd.

I will be taking photos too, same as I did the last time I moved

Thanks again.

[MrShed]

Just to confirm: once in periodic tenancy, any one person can end a joint tenancy

[kriso]

One more thing: how do I know for sure it is a joint tenancy? Is it just if there are 2 names on the tenancy agreement?

Thanks

[MrShed]

Yes - thats right.

[kriso]

Thanks...Well I just handed in my letter of notice They said it's fine and will post out some more information.