Notice of Termination

[direct2000]

Two persons (a husband and a wife) signed Tenancy Agreement

 

How many signatures must there be on the Notice of Termination?

 

PS

Another part (a husband) disagrees to sigh and wants to live two months. until the end of tenancy agreement.

 

Is the notice with one wifes signature valid?

[Aequitas]

If it is a notice to quit and not a notice exercising a right to break, where there is more than one tenant only one needs to give notice.

[direct2000]

What is difference between

a notice to quit and a notice exercising a right to break?

 

How about this?

"Tenants can ALWAYS move whenever they want - they just remain responsible for ALL of the TERMS of the lease until it is legally terminated...both signatures need to be on the notice...she can move and she is responsible for rent, etc. UNTIL he moves out....AND you do not account for the security deposit until the unit is TOTALLY vacant.."

[MrShed]

When did you move in and what is the fixed term? Outside of a fixed term the tenancy is brought to an end by any one tenant giving notice in a joint tenancy.

[direct2000]

Thank you for delay.

I have understood completely.

 

A notice to quit means 2 months notice given by the landlord or landlords.

There is enough a signature just of one landlord of many.

A notice to vacate is a 1 month notice (sometimes 2 month notice according the TA) sent by the all tenants (who signed the tenancy agreement) to LL.

A notice to vacate does not allow a tenant to break a lease.

I wante to hear this:

 

***Informing the landlord that you intend to vacate does not terminate the agreement. If only one party on the lease agrees to vacate, both parties are still responsible for all of the obligations on the lease.***

[MrShed]

If one TENANT gives notice after the fixed term, this notice applies for ALL tenants. Until the expiry of the notice, they are responsible for the obligations of the tenancy. After the expiry of the notice, NONE of the tenants are responsible.

[Aequitas]

A notice exercising a break is a notice given in accordance with a provision in the tenancy agreement that allows the tenant to end the tenancy before the fixed term comes to an end.

 

A notice to quit is a notice given by the tenant to end a periodic (i.e. not fixed term) tenancy. Such a notice is valid even if signed by only one tenant.

[direct2000]

my wife gives 1 month notice before 2 months the fixed term

[MrShed]

Direct you are really not making clear what you are asking. Can you please start from the beginning and clarify EXACTLY what the situation is and therefore what you are asking? At the moment, despite your 4 posts, I still do not know whether you are landlord or tenant, whether you are in fixed term, and what notice has been given.

[direct2000]

I am sorry. We are tenants. We have fixed term TA, which will end on 12/04/08. We signed TA both. My wife removed my 6-year-old daughter, took all family money, went to live to her friends. On 03/02/08 my wife gave 1 month notice to the landlord to leave the property (in the secret of me) where I and 2 my daughters continue to live. She prohibited me to see my little daughter.

She refused to give me the original of Marriage Certificate becauce she affraid I will apply for divorce and a residence Order regarding my little daughter.

 

Is the notice with one wifes signature valid?

 

How can I legally take the original Marriage Certificate?

[MrShed]

The notice is not valid as during a fixed term one person of a joint tenancy cannot give notice. She is still fully liable for her obligations of the tenancy up until the end of the fixed term.

 

The other question, fairly obviously, is out of the scope of this section of the forum and so I cannot help I'm afraid.

[Aequitas]

How can I legally take the original Marriage Certificate?

 

Copies obtained from the Registry of Births, Deaths and Marriages are regarded as "original" for any official purpose.

[direct2000]

My marriage was registerd in Russia in 1984.

I have got a copy of the marriage certificate and a certified copy translated into English.

Last week I applied through my solicitor for a Contact Order and Divorce.

 

But I need marriage certificate which is not a photocopy for the court.

[MrShed]

You will need to speak to someone conversant in russian legislature then, which unfortunately is not here. Presumably though you can request a copy in much the same way as Aequitas has outlined.

[Aequitas]

I would have thought that the consular department of the Russian Embassy would be able to advise. Your solicitor should check exactly what is required.