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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35214
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am one of the tenant in a joint assured short hold tenancy

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Hi,I am one of the tenant in a joint assured short hold tenancy agreement. So we are two tenants in this tenancy who signed only one tenancy agreement. The fixed term on this agreement was going from the 23/09/2016 au 23/09/2017 so now the fixed term is over and we are on a periodic tenancy rolling month to month.
The other tenant does not want to move but I want to move so according to what I thought was the correct notice to end the tenancy, I gave the agency one month notice. They refuse it as long as I don't have found someone to replace me that they will accept and they are saying that the one month notice is only acceptable and it does end the tenancy only if both of the tenant leave and give notice because in the contract we are called "the tenant" under one term for our two names.
Is this legal? Can they really not let me move out on my own even with the month notice and proceed me to pay rent if not there anymore ?

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the agency is correct.

You took the tenancy on a "joint and several basis" and you can only leave and no longer be responsible for the rent if either

you BOTH move out or

your landlord agrees to release you from the tenancy and issue a new tenancy to your former partner alone.

Of course you are free to move out BUT you remain liable for the rent if the other person fails to pay.

I am sorry that the news is so bad - please ask if you need further details

Clare and other Property Law Specialists are ready to help you