End Of Tenancy

[sistermag]

Hi, just looking for a bit of advice! I am currently living in a joint tenancy with 2 friends. Our tenancy is almost up, and our letting agents have asked for our notice on whether we wish to renew the tenancy or not. 2 of us want to move out at the end of the tenancy, and 1 wishes to remain. We told our agents this was our intention, and they have told us we can find replacement housemates via spare room. Fair enough. However, they have said that we need to make w definite decision within the next week, giving 2 months notice. If our 1 friend stays, this means we need to renew the lease. As it is a joint tenancy, she can't just renew it alone. What this means is, according to them, responsible for finding new housemates ourselves and sorting deposits/months up front out between us (they have no interest in this- as far as they are concerned, we won't be getting any money back as the tenancy is being renewed). Also, what this means is, if we don't find someone suitable by the time we move out, we are liable for the rent. They will change the name on the tenancy to the new person, but we have to find said new person first! Can they do this?

[sistermag]

My dispute is, our tenancy has ended. Should we be responsible after this... We haven't walked out/not paid rent. We've been there for the full term. I don't want to move into my new place, worrying that I may be liable for somewhere else and having to privately negotiate around £1000 with someone off of spare room..... Plus, from their point of view, those deposits would remain in my name as they are held in a scheme separate to the tenancy.

[ummmm]

I assume you can just refuse to renew and it'll be down to your friend who wants to stay to find new tenants.

[sistermag]

They've said it needs to be a mutual decision... The friend who wants to stay is point blank refusing to end the tenancy as she cannot afford to move elsewhere (all the fees involved etc) as 2 of us (majority) want to leave, we have tried reasoning this with her but she has effectively said she will be homeless. We've all been friends since primary school, so don't want to fall out over this but, yes, that would be the preferred option

[ummmm]

But they won't renew it unless you all sign. She has two months to find other people.

[sistermag]

They've also said as its a joint tenancy, we either jointly renew or jointly leave, so she can't renew it on her own and then find tenants, they're saying we are responsible for finding new ones as if we renew, our names will remain on until replacements are found

[sistermag]

They've asked for our 2 month notice though.... What they're telling me is, if she wishes to remain, we need to say we are renewing and give our 2 months notice to that?

[bednobs]

just tell your agent you will not be renewing. if she wants to continue she'll have to negotiate seperately with the gent

[sistermag]

Also, what they're saying is if we do find new people, we need to privately negotiate deposits etc. They have our deposits/month up front. They've said they won't return those as they tenancy is continuing- we would have to sort they with new tenants

[sistermag]

I told them yesterday I don't wish to renew..... They've said they would end the whole tenancy, that's where the dispute started. They won't just end for one person, as we signed a joint tenancy?

[Dogsbody2]

Your tenancy hasn't yet ended, but you do need to give 2 months notice, as I think you realise. Most of your problem is with your friend who wishes to remain, and to minimise your own personal risk, you do need to confirm the end the tenancy now. Then it is up to her to find two new tenants to join her - there is nothing to prevent you helping her in this venture, but the risk is hers (if two new tenants are not found).

Doing it that way gets you out of the deposit situation.

Your friend cannot refuse point blank to end the tenancy - she will have no choice if you and the third person do so.

[sistermag]

Dogsbody, I completely agree with you, the agency however are saying the 2 of us who wish to leave cannot end with just the 2 of us. They won't take the remaining one on a tenancy by herself with the hope of finding others. Their opinion is black and white.... Renew the tenancy as it is, or don't. We realise she is the issue here, but she is saying she definitely won't be moving

[Dogsbody2]

See here under 'Ending a joint tenancy - when one person leaves'. This backs up what I'm saying.


http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

"If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. The landlord must be given a valid written notice and there are special rules about how and when this must be done."

[ummmm]

That's her call and not your problem.

[Dogsbody2]

Unfortunately she will either be moving, or signing a new tenancy with two new tenancies (which you can help her with).
Its the only way - and you can demonstrate your enduring friendship by helping her find new tenants. But at the end of the day, its her risk.

[sistermag]

Fab, thank you!

[Dogsbody2]

You might want to call Shelter's free advice line on 0808 800 4444 to check how to give notice in this (unfortunate) situation. I don't know what "there are special rules about how and when this must be done" - and I cannot find anything to tell us.

[sistermag]

Thank you, you've been a brilliant help