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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am a tenant that shares a house with a friend the tendancy

Customer Question

Hello I am a tenant that shares a house with a friend the tendancy is an assured short hold tenancy with both our names on it
The tenancy is now on a rolling month to month contract
I Wish to leave the property and give 30 days notice the other person doesn't and will not agree to take on the tenancy in his name am I still liable to pay the half of the rent even though it is on a 30 day rolling lease
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. If you are both on the same tenancy agreement you will be considered joint tenants and either of you will be free to give notice to end the tenancy agreement without requiring the consent of the other tenant. Your friend will need to contact the landlord and negotiate a new tenancy agreement.

It is usual for joint tenants to be jointly and severally liable for the rent - therefore the landlord can pursue either both of you or either one of you for the settlement of the rent until the agreement ends. You would therefore be liable for the rent if your friend does not pay.

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Customer: replied 11 months ago.
Because we are on a 30 day rolling tenancy
If I give notice of 30 days to end the tenancy Does it mean that both of us will have to vacate the property
If the other party doesn't leave and doesn't sign a new tenancy will he then effect be in the property without permission and so be there without permission
Or will the tenancy still be in place for him self only
Expert:  Harris replied 11 months ago.

If you give notice the tenancy will end and he will need to speak to the landlord about obtaining a new tenancy. IF he stays after this time the landlord will need to apply to court to evict him as he will no longer have a right to remain there.

Customer: replied 11 months ago.
Thankyou
To follow on from this
I have been told by letting agents that if he stays in the property after the 30 days the tenancy is therefore still in effect (which negates the need for signing a tenancy at all )
And therefore we are both still liable for the rent even though it is he who is staying in the property I believe that he thinks he will only be liable for half the rent
As I understand we are both liable for the rent As a whole
Thanks
Expert:  Harris replied 11 months ago.

You are both liable for the rent jointly and individually, but if you give the necessary notice you will not be liable after it expires.

Customer: replied 11 months ago.
Thankyou
I have been informed otherwise
Via the letting agents
That we will be liable jointly and individually
If the other party decides to stay without signing a new tenancy ( they referred to the landlords act ?)
In short the tenancy will continue as there is someone still in the property
And they can still recover money from both parties even if the notice 30 days notice has been given
Expert:  Harris replied 11 months ago.

If your fixed-term agreement has ended and you have not signed a new one then you giving notice ends the tenancy agreement for both of you. The estate agents are incorrect. I refer you to the Shelter website here which reaffirms this position under "ending a joint tenancy": http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/whose_name_the_agreement_is_in

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