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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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if an individual tenant in a joint and several tenancy agreement,

Resolved Question:

if an individual tenant in a joint and several tenancy agreement, relating to property rental, serves notice of determination on the landlord are the remaining tenants also deemed to have served notice ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do the other tenants agree to leave please?
Customer: replied 3 years ago.

no they want to remain and replace the person under the assignment clause in the agreement

Expert:  Remus2004 replied 3 years ago.
The remaining tenants need to ask the landlord for a new tenancy agreement.

It is most unusual for an AST to have an assignment clause.

If you can let me have the exact wording of the clause, I can clarify for you.
Customer: replied 3 years ago.

"Not to assign the remainder of the tenancy without the landlord,s formal written permission, not to be unreasonably withheld. Any proposed assignee will have to submit to the usual credit and financial checks, references and interview prior to an assignment. All proper costs of the assignment to be paid by the tenant or the assignee as agreed between them. "

 

There is 6 months remaining on the tenancy.

Expert:  Remus2004 replied 3 years ago.
It means that original tenancy must be ended and the new tenants must have a new one however the landlord cannot reasonably refuse to let them have one.

The rest is self explanatory.
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