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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2086
Experience:  Solicitor at BLM
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I am guarantor for my son whom jointly rented a house in

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I am guarantor for my son whom jointly rented a house in London with 4 others. He advised that he was moving out with the required notice but other tenants wished to stay. After the expiry date of the agreement the agency allowed other tenants to remain saying the tenancy has gone periodic past the renewal date and hence have left my son and me as guarantor on the agreement saying we are still jointly and severable liable as remaining tenants are not paying full rent. We believe agency should have drawn up a new agreement for remaining tenants ahead of the expiry date but they hung on assuming a replacement for my son would have been found. We don’t believe it is right to pay rent contributions after the expiry of the agreement when my son gave required notice. I had not appreciated jointly and severable liable clause or that they could unilaterally roll over the agreement after the expiry date.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Only emailed the letting agency.
JA: Where is the house located?
Customer:***** Surbiton, KT6 7SR
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

Has your son sent a notice to quit after the fixed term period of the agreement?

Customer: replied 8 days ago.
He emailed the letting agency 2 months before expiry of agreement which was acknowledged in writing by other tenants.

Hello

Thanks for the further information.

Given this is a joint tenancy the agreement cannot be terminated before the end of the fixed term without the other tenants agreement.

However given it is now outside of the fixed term period your son can serve a notice to quit, which does not require the other tenants's agreement.

This action will terminate the current tenancy and will force the other tenants to enter a new agreement with the landlord or vacate the property.

This principle was confirmed in the case of Hammersmith & Fulham LBC v Monk.

I hope I have clarified the position, if not please let me know.

Thanks and stay safe.

Customer: replied 8 days ago.
Does the notice to quit have to be resent now we have passed the expiry date? The notice was by email 2 months before the expiry date and rent was continued to be paid up until the expiry date of 24th August.

I suggest you resend a notice to quit given your son's agreement is now outside of the fixed term period.

Thanks

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