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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am in a joint tenancy with a friend and the contract is

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Hi, I am in a joint tenancy with a friend and the contract is for two years. We are only allowed to activate a break clause after the first 6 months have ended. I want to leave after the first 6 months with a two month written notice. Is it legal for one tenant ( me ) to leave and the other to stay ? If so will I have any liabilities. The contract states: " the determination of the tenancy on the service of notice shall not affect the rights that each party have against the other in respect of an earlie breach. The tenant must have written confirmation from the landlord or agent that notice has been received to terminate the agreement for this clause to become affective"
Submitted: 1 month ago.
Category: Property Law
Expert:  Joshua replied 1 month ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. Am I right to assume that your joint tenant does not wish to leave at 6 months?
  2. Is there anyone that might replace you on the tenancy?
Customer: replied 1 month ago.
1. He does not wish to leave after 6 months but he wishes to leave after 9. Also Can we both have separate break clauses.
2. I do not have a replacement yet but he may be able to pay the other 3 months by himself.
Expert:  Joshua replied 1 month ago.

Thank you. Unfortunately during the fixed period of the tenancy it is necessary for you both to agree in order to bring the tenancy to an end including making use of any break clauses. The position changes once the fixed period of the tenancy is at an end but from what you say this is some way off. Accordingly I regret you would need your co tenants cooperation in order to end the tenancy aarly using a breack clause however you can replace yourself as a tenant if you ca find a suitable replacement or ask the landlord to remarket your room himself subject to your being responsible for his reasonable costs of doing so.

Until such time as either you both agree to jointly exercise the break clause or failing which you replace yourself as tenant you will be jointly and severally liable with your joint tenant for the rent under the tenancy until the end of the fixed term. Hopefully you will be able to persuade your joint tenant to cooperate with you and failing which will be able to find a replacement tenant to replace you under the tenancy if he is not willing to leave at this point.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 1 month ago.
Thank you for your response. I am not familiar with What a fixed term is exactly? Me and my joint tenant previously agreed to break clause after the 8th month have passed . However I am facing some financial problems and must leave the country After the 6 months He agrees to pay the remaining 3 month period by himself. Is it not possible. Do we have to break clause together after the 8 months ?
Expert:  Joshua replied 1 month ago.

No problem - the fixed term is the minimum length of tenancy (ignoring break clauses) which from what you say above in your case is 2 years. During this time both of you must agree to end the tenancy jointly. If your friend is willing to pay the rent on his own after the first six months this is of course fine - you are not a prisoner in the house. However you will remain liable for the rent with your friend to the landlord until you end the tenancy jointly or you are replaced as tenant.

If you trust your friend to pay the rent himself then this is of course fine. He will need your agreement to exercise the break clause at a later date. You may therefore be sensible to consider giving the landlord a signed break notice now dated for the date your friend wants to leave. Read the terms of the break clause carefull to ensure it is not restricted to being used at certain times during the tenancy. Providing it can be exercised at any time after the first 6 months then you can serve it at any time. You could either potentially give it to the landlord now or you could sign a break clause dated for the future before you leave so your friend can give this to the landlord later on.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: replied 1 month ago.
Thank you Very much. I appreciate the time you took to answer my question. I am delightful with such answer. I will rate you!
Expert:  Joshua replied 1 month ago.

A great pleasure. If I can assist any further please come back to me. Many thanks.

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