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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 10563
Experience:  Solicitor
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What are my options when I have given notice to end my Joint

Customer Question

What are my options when I have given notice to end my Joint AST
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: sorry - the notice has been given for the date of the end of my contract. However, there are 4 flatmates and 1 is refusing to leave. I assume that a rolling contract will go into force. How do I get out of the rolling contract>
Assistant: Where is the property located?
Customer: England
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
the Agent acknowledged and accepted my notice and they have informed us that they have new tenants ready to move in on the day after the my AST expires
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 6 months ago.

I assume it’s at the end of the fixed period?

Customer: replied 6 months ago.
The joint AST expires on the 6th August 2018 and notice has been given to Foxtons
Customer: replied 6 months ago.
I have no cell phone signal as I am on a country estate
Customer: replied 6 months ago.
I simply want to know what my options are should the AST move onto a Rolling Contract. In this instance am I entitled to give notice on my own behalf to end the Rolling contract, thus releasing me from being tied to anyone else.
Customer: replied 6 months ago.
I have already been given conflicting reponses by others
Customer: replied 6 months ago.
is this your area of experties?
Expert:  Jamie-Law replied 6 months ago.

Once notice is given by one tenant the whole agreement will come to an end.

If the agents want to contract with the remaining tenants then they have to form a new contract.

But you are not party to any new contract.

Your contract would end and you would not be liable for rent beyond the period as you have given notice and moved out.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
In principal this would be correct if all the tenants in the property agreed to vacate on the date the contract expired. But one is refusing to leave, which according to the Shelter and Foxtons, means that a new Rolling contract will automatically replace the original contract, and all the signatorys on the original contract are still liable for rent. My question is how does one extricate oneself from the enforced Rolling Contract?? I am under the impression that as the Rolling Contract is a month to month contract, it is possible for any individual wishing to vacate, to then give one months notice in order to quit. This is a complex area of law and I believe your original answer is not entirely accurate.
Expert:  Jamie-Law replied 6 months ago.

Yes, I realise that. But it is a matter between the Landlord and the remaining Tenant.

But you are not liable if a tenant remains.

Does that assist?

Customer: replied 6 months ago.
Not according to Foxtons or Shelter
Expert:  Jamie-Law replied 6 months ago.

You can't be - your agreement has ended.

You are not liable for that of other tenants

If they want to let the one tenant stay, they need a new agreement

Expert:  Jamie-Law replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.