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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I am a tenant and with another tenant I have been renting a

Resolved Question:

Hello,
I am a tenant and with another tenant I have been renting a place under an assured short hold tenancy agreement. I understand it a joint type of tenancy. Now, after more than a year, I need to move out as I can't afford it. When I contacted the agency to give my one months notice, they told me that even though I am on a month lease rolling after one year, I could only vacate the flat once I found a tenant to replace according to their procedure and since the other tenant don't move.
When I started to rent, the other tenant I replace did find me by following that swap procedure but I was told it was only applicable if I stayed less than an year. Plus although I am in joint term agreement, nowhere in that contrat that procedure in combing me to find a new tenant is mentioned.
Is it legal and can I vacate without finding a new tenant for the agency?
Submitted: 27 days ago.
Category: Property Law
Expert:  Jamie-Law replied 27 days ago.

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

When did you move in? Have you signed any further agreements?

Customer: replied 27 days ago.
Hello,
I moved in on the 23/09/2016.
I signed at that time the appendix in copy as one of the remaining tenants as part of the tenant swap procedure burst that time the procedure was undertaking indeed by the previous tenant I was replacing and that tenant told me that procedure was only applicable if we are leaving before the end of the one year lease. Now, upon receipt of my month notice, the agency mentioned I the doc says that I have to go through the same process as the previous tenant and found myself a swap or I am binder to pay until then.
But no mention of this procedure I the fixed term short hold contract.
Please advise. I am legally liable to them to respect this clause of finding a new tenant or I carry on to pay the rent.
Expert:  Jamie-Law replied 27 days ago.

So it’s a tenancy for life?

What type of tenancy is it?

Customer: replied 27 days ago.
I sent you in copy the first page of the tenancy name.
Expert:  Jamie-Law replied 27 days ago.

Assured shorthold. How long did you sign for?

Customer: replied 27 days ago.
I presume you mean the term of the tenancy. First page of the agreement says:
Term of tenancy:
The landlord lets to the tenant the premises for a period of 4 months. The tenancy shall start on and include the 23 September 2016.
Customer: replied 27 days ago.
Are you still working on my case?
Expert:  Jamie-Law replied 27 days ago.

Ok. They can’t roll year after year. You have to sign a new agreement.

Once the first year expires you go onto a periodic tenancy. This means it’s rolls over month after month. They can’t tie you into an annual tenancy. That would be an unfair term.

As such you can give a months notice and move out. If they try to hold your deposit you can issue proceedings for it back.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

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