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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19384
Experience:  Solicitor
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I have jointly signed Assured Shorthold tenancy agreement

Customer Question

Hi, I have jointly signed Assured Shorthold tenancy agreement for 12months. I plan to leave after 12 months, however 2 of my housemates are staying. I am trying to find my replacement, however it proves to be rather difficult. I was told by the agent that if I don't find anyone to replace me I will still be liable even after the end date of my contract because it will naturally become a periodic one
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing at all. I still have 2 months to find someone but I want to be prepared in case I don't. I will not be able to afford to pay rent after my contract ends.
JA: Where is the property located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sorry, I just wanted to check if this is a free service?
Submitted: 14 days ago.
Category: Property Law
Expert:  Jamie-Law replied 14 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 14 days ago.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Expert:  Jamie-Law replied 14 days ago.

If you have a 12-month contract, you are only tied in for that period.

At the end, you or any tenant can give notice.

If the landlord wants to continue with the remaining tenants they can.

But you can NOT be liable for anything beyond 12 months if you dont want to stay

You signed a 12 month contract, nothing more.

So you can leave.

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

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 14 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 14 days ago.
Hi Jamie-Law,Thank you for your response.
This is what I thought, however the agent said that until the new agreement is signed the current one goes into periodic agreement after 12 months and therefore I am still liable. Because this is a joint Assured Shorthold tenancy agreement I am not able to terminate just by myself. And even though it's not in the contract, by law with this type of tenancy it goes into periodic, unless a new contract is signed. The landlord will not agree to sign a new contract, nor will my housemates because no one is willing to pay my share of the rent.
Basically I was told until I find my replacement and the new contract is signed there will be no updates made to the current one even if I already told them I wish to move out and terminate the contract after the 12month period ends.
I am trying to find someone to replace me but it's been a month and I am not getting huge amount of enquiries, therefore I am starting to stress out that I will still have to pay my share of the rent even after the 12month period.I would like to know if there is a way for me to not be liable after the end date.
I understand my housemates shouldn't have to cover my share but also why should I continue to pay after the end date just because they want to stay in the property.i hope this explains the situation better.Looking forward to your reply.Kind regards,
Monika
Expert:  Jamie-Law replied 14 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Expert:  Jamie-Law replied 14 days ago.

No. You can END the agreement by giving 1 months notice

They can NOT extend it.

I hope that helps.

Customer: replied 14 days ago.
Hi Jamie- Law,Can I just please clarify if this is applicable to a JOINT TENANCY.
3 of us are under 1 contract, therefore all of us are jointly and severally liable.
The agent said it has to be an unanimous decision to terminate the contract and I am not able to do this by myself, therefore after the 21st of June (the end off the contract) it will automatically change to a periodical agreement, therefore I will still be liable, unless I do find a replacement tenant and a new contract is signed.
Customer: replied 14 days ago.
Hi,Just a kind reminder I am still waiting for an answer.Many thanks,
Monika
Expert:  Jamie-Law replied 14 days ago.

Its a 12 month tenancy. You can NOT, I repeat, can NOT be bound beyond 12 months.

What happens if they want to stay there for 20 years? Are you liable then? Of course not.

Your agreement ends after 12 months.

The landlord can then sign a new one with the tenants.

I hope that assists

Customer: replied 14 days ago.
Hi Jamie-LawThanks, ***** ***** doing my research online I have found more information on the matter, see below:"At the end of the fixed term contract
The end of a fixed term contract won't always mean that your tenancy and rental liability ends, even if you move out."Because it's a joint tenancy it doesn't automatically expire.Thanks for your time, although I found my answers elsewhere.
Expert:  Jamie-Law replied 14 days ago.

As a matter of law, you can not be bound beyond 12 months for a 1 years contract.

I hope that clarifies.