Forced to live in a house after my fixed term tenancy expires

by Readers Question

11:37 AM, 11th May 2015
About 4 years ago

Forced to live in a house after my fixed term tenancy expires

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Forced to live in a house after my fixed term tenancy expires

I recently split up with my partner and the fixed term contract will go onto a statutory periodic basis after the 15th of May 2015. Ive given my notice, now been told by the estate agent that I cannot give notice unless my ex gives notice as well, does this mean I’m stuck to live there forever until he gives his notice?

Any advice will be great. Forced to live in a house after my fixed term tenancy expires

Thank you

Maria



Comments

Mark Alexander

11:45 AM, 11th May 2015
About 4 years ago

Hi Maria

I have never heard such nonsense.

This is what I think you need to send to the letting agent.

"Dear ......

Our recent correspondence refers, I have now sought advice.

My boyfriend has already moved out of [property address].

I will also be moving out on or before the tenancy comes to an end on [date].

I understand that I/we will remain liable to pay rent up to the end of the contract and intend to do so. However, once the contract comes to an end I have been advised that at that point we are not liable to pay future rent.

Please acknowledge the above. If you disagree then I reserve the right to use this correspondence in a Court of law. I also expect to receive a reference which is reflective of the true conduct of our tenancy. If you damage my/our ability to rent another property by producing an unsuitable reference I will consider claiming against your agency for damages.

Yours sincerely"

In the unlikely event that you end up in Court I am entirely confident that your agent will not have a leg to stand on if you send this letter. I suggest you obtain "proof of posting" from your post office, which is FREE.
.

Dr Rosalind Beck

12:50 PM, 11th May 2015
About 4 years ago

Nice one Mark!

Paul Franklin

14:23 PM, 12th May 2015
About 4 years ago

As Mark has politely put, what the agent has told you is nonsense. There could have been other words for it. In fact in law I understand that you dont have to give any notice at all to leave at the end of the fixed term.

Although there's often a term in the tenancy agreement that says to give 1 month notice or similar which are understood to generally be fair terms. Take a look at what your tenancy agreement says out of interest. But I would suggest using Marks brilliantly put together letter 🙂 you could also sign, scan and email it to the agent for immediate service with proof that it's sent, as well as posting it.

Neil Robb

18:25 PM, 16th May 2015
About 4 years ago

As usual Mark you are right on the nail.

Lynne Davis

13:18 PM, 17th May 2015
About 4 years ago

But he hasn't moved out, as far as I can tell. It sounds to me as if he wants to stay on in the house.

However, assuming that it's a joint-and-several contract with both names on it, I agree that it's nonsense. If any one party to a joint-and-several contract gives notice then that will bring the contract to an end. If the ex wants to stay on then he needs to set up a new contract in his name only.

So I'd use most of Mark's letter but replace the first part with a statement that you *will* be ending the joint-and-several contract on xxx date, and that Mr Ex-Boyfriend, if he wishes to stay on in the property, will require a new contract in his name only. (If he won't pass the referencing checks on his own then that's his problem, not yours!)

Nick Pope

23:24 PM, 17th May 2015
About 4 years ago

Simply put a fixed term contract is just that. In fact you do not need to give notice though it would be polite to do so.

The only complication could be the deposit which could become complicated. I suggest that you check the terms of whichever scheme it is held under - you should have been provided with this information at the beginning of the tenancy and you can request it again from the agents..

Michael Barnes

23:30 PM, 17th May 2015
About 4 years ago

Specifically to Maria's question, notice validly served by one tenant ends the tenancy for all tenants.

Therefore she is not stuck, and the agent is ignorant of the law.


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