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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 4689
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I need advice on tenancy agreements, in a messy situation

Customer Question

I need advice on tenancy agreements, in a messy situation where I have a joint tenancy with someone, I didn't want to renew with him and instead signed a new contract with the landlord with me as sole tenant, but he isn't moving out... can I just cancel the new tenancy agreement because he's still there?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no, UK
JA: What steps have you taken so far?
Customer: the council homeless team are involved, ive issued a notice to quit now which as i understand it should end the joint tenancy on the 17th july now (fixed term contract ended 17th june and i believe by staying he's effectively created a statutory periodic tenancy)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that should be the key facts
Submitted: 15 days ago.
Category: Law
Expert:  ReadyLaw replied 15 days ago.
Hi welcome to justanswer
Expert:  ReadyLaw replied 15 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 15 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 15 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 15 days ago.
I think the key points are:Joint tenancy started 17/6/21, fixed term end date of 17/6/22.Housemate and I fell out, he's an alcoholic, stolen from me, various issues - we had agreed not working and he should find somewhere else in Nov 21.I told landlord didn't want to renew with him, and signed a solo contract for the house for 18/6/22 -> 18/6/23Unfortunately he's not left... and councils homeless team which he got in touch with are saying he can stay in the property, landlord is utterly incompetent and inept (think it's their first house) and I'm basically having to try and advise them on what I think they need to do which is far from ideal...After reading what I can on this, I found something which seemed to indicate a notice to quit could only be issued after the tenancy ended, so I sent the landlord a notice to quit with 1 month notice to try and ensure the joint tenancy is terminated by 17th July... However when I tried to clarify things with the council they told me I couldn't issue notice without his consent - but everything I've found online about this seems to indicate they're wrong and I am entitled to issue notice for a joint tenancy to avoid being tied to a contract just because he won't move out.... So clarity on that would be useful.Also as I really want to get away from this guy asap, I'm wondering if I can simply find somewhere else before 17th July and move out, and consider the new contract I signed void because I have been unable to take sole possession of the property on the start date? Is there someway to get out of that contract in this situation?
Expert:  ReadyLaw replied 15 days ago.

Thanks for your patience and enquiry. Your situation really is not a straight forward one at all. The first issue of concern is with respect to the notice you sent. You unfortunately could no send this notice as you were not the one who placed him in possession of the property. You are not his landlord. As such, the only person who could have served him notice is he previous landlord.

Expert:  ReadyLaw replied 15 days ago.

As it stands therefore, the notice you gave is void and he really does not have to move.

Expert:  ReadyLaw replied 15 days ago.

The onus would be on the landlord to have him removed from the property.

Customer: replied 15 days ago.
i didn't serve him notice, I served notice to the landlord to end the tenancy of which I am a joint tenant.
Expert:  ReadyLaw replied 15 days ago.

It seems you have now enter into another fixed term contact. You cannot jus simply say it is void by virtue of you not having sole possession unless the contract specifically provides for this. To exit this new contract you would have to give notice if the contras a break clause and then vacate the premises at the end.

Expert:  ReadyLaw replied 15 days ago.

Even if you had given the landlord notice to end the joint tenancy, that does not mean the other person has to move out. They would have to be removed from the property by the landlord.

Expert:  ReadyLaw replied 15 days ago.


Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 15 days ago.
I understand it doesn't automatically remove him, but as I understand it it ends the tenancy and it's then leaves it open for the landlord to apply to the court for possession order and eventual bailifs?Would having someone else in the property not breach the quiet enjoyment clause of the new contract?
Expert:  ReadyLaw replied 15 days ago.

It depends on the wording of your contract whether you giving notice automatically ends the joint tenancy. In addition if you have given notice and remain in the property, it brings into question whether the notice was a proper notice to leave or simply means by which the contract may be frustrated.

Expert:  ReadyLaw replied 15 days ago.

Even if I were to accept what you say you have done in terms of giving notice. Then it goes back to the initial point that the onus would now be on the landlord to commence recovery proceedings.

Expert:  ReadyLaw replied 15 days ago.

The breach of quite enjoyment clause allows you to seek compensation and does not necessarily allows for you to move from the property u less the contract specifically allows for this.