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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I'm a private tenant and I signed a 6 month lease on July

Resolved Question:

I'm a private tenant and I signed a 6 month lease on July 18th 2013 with my flat mate. I gave my landlord written notice on September 17th 2016 to terminate by October 18 2016. She now states that my notice is not valid as both me and my flat mate needed to give notice together which means I have to pay until November 18 2016. Is this legal? What are my rights?
Kind regards,
***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello Ruth my name is ***** ***** I will help you with this.

On what basis is the landlord saying it must be signed by Both? Does it say that in the tenancy agreement.

Customer: replied 10 months ago.
In notes it states 'If two or more persons are together the Tenant, their obligations to the Landlord shall be joint and several'. It says nothing in the contract about the tenant giving notice, only the landlords right to terminate giving 2 months notice.
Expert:  Jamie-Law replied 10 months ago.

Ok then in that case your landlord can't require both to sign.

The law says that either or both of you can give Niro evidence to end the tenancy.

You should ask the landlord which part of the contract requires both tenants to sign, if they can't then there you go.

But either of you can give notice to end the contract.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
please. I read on the OFT that a private tenant needs only to give 21 days notice on a rolling contract. If my flat mate and I decide to leave together as a result can we give our 21 days notice tomorrow, thereby both being gone by October 18th?
Expert:  Jamie-Law replied 10 months ago.

indeed yes. That is correct.

Does that clairfy?

Customer: replied 10 months ago.
thank you. Can you tell me which piece of clause from the OFT pertains to the 21 days notice I should quote when I speak to the landlord?
Expert:  Jamie-Law replied 10 months ago.

its under guidance provided by them, that is all you need to say. You can move without penalty.

Does that clarify?

Customer: replied 10 months ago.
It doesn't really. Is the 21 days notice in the legislature?
Expert:  Jamie-Law replied 10 months ago.

The OFT has produced guidance on unfair terms:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf

Does that clarify?

Customer: replied 10 months ago.
I will employ a local solicitor to deal with this. I think I need more help. Thank you.
Expert:  Jamie-Law replied 10 months ago.

You can find one here:

http://solicitors.lawsociety.org.uk/

Can I help with anything else today for you please?

Expert:  Jamie-Law replied 9 months ago.

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