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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I am on a joint assured shorthold tenancy agreement for a

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I am on a joint assured shorthold tenancy agreement for a rental property i no longer live in. My ex-partner still lives there. The tenancy is due to end this December. The estate agent is saying that both of us need to inform them that we do not want to renew or extend past this point or it will automatically renew in both our names, despite that i told them i do not want to and no longer live there. If my ex wishes to arrange an extension in her name that is between them. I do not know whether my ex will agree to give notice she does not wish to renew, especially if she finds out that by refusing to do so i may be liable to pay half her rent indefinitely should the estate agent renew regardless of my wishes.
Can the estate agent force me onto a renewal contract for a property i do not live in after a fixed contract has ended, purely because a co-tenant refuses to give notice to leave?
Submitted: 5 months ago.
Category: Property Law
Expert:  Jamie-Law replied 5 months ago.

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

No - the legal position is very clear.

Either or both can give notice to end it. If you give notice (and you should) then they can NOT make you renew it.

If they want your ex to stay, that is fine - but they have to renew ONLY in your ex's name.

If any tenant gives notice then the whole agreement comes to an end.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Thanks,the estate agent is saying otherwise - is there some law or something i can go back to them with to say they cannot force me onto a extension without both parties agreeing to end?This is what the agent is saying:With regards ***** ***** notice, it does need to be from all tenants to successfully be implemented.One option would be to have the tenancy transferred to just the remaining tenant, but that would be subject to successful referencing being carried out.Other than that, you would both need to be in agreement to end the tenancy and vacate the property.Failing either of the above, the tenancy would continue with both parties being liable/responsible for the rent until the tenancy is endedANDIf the renewal is not agreed, then the tenancy would continue on a periodic basis, until either the landlord, or yourselves as tenants gave notice.The terms of the renewal would not be implemented if you do not want them to, which means the tenancy would become periodic.Periodic refers to if the tenancy is in a fixed term (IE 12 months or six months etc), or if the tenancy is in a periodic basis (IE no fixed length, it runs until either party give notice).
Expert:  Jamie-Law replied 5 months ago.

Its a matter of contract. You cant be bound by a contract for which you dont agree.

Therefore you end the contract by giving notice.
UNLESS the contract you both MUST give notice then either one of you can.

Therefore they can NOT keep you bound. That just makes no sense as if your ex never leaves potentially you are liable for life!

Does that clarify?

Customer: replied 5 months ago.
Thanks - i cannot see anything in the contract which states we both must give notice. Could this be hidden in some other clause or wording or would it have to be explicit?
Expert:  Jamie-Law replied 5 months ago.

It would have to be explicit, because the more onerous the more it should be brought to your attention

Does that clarify?

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2604
Experience: Solicitor
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Customer: replied 5 months ago.
thankyou

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