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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2627
Experience:  Freelance Solicitor at Self Employed
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I need advice on a rental contract as a tenant Please

Customer Question

I need advice on a rental contract as a tenant
Please
Submitted: 5 days ago.
Category: Property Law
Expert:  MatthewM1117 replied 5 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you clarify your question so that I can best advise you?

Customer: replied 5 days ago.
I was in joint rental contract with my wife for 3 year . The contract expired at the end of March 2021. At the end of January 2021 I separated from my wife and moved out. My wife remained in the apartment and not vacated the property. I emailed the agent in March explaining the situation and left my keys with my wife ( the remaining tenant) She is still living there now. The agent wrote that as the property was not vacated , there is a rollover contract . My name still appears on the rental invoices coming to the apartment ADRESS. I don’t know if my wife is paying the rent in full or not but what I don’t want is to be liable for this so called rollover contract on the basis that I was joint on the contract that’s expired .
Do I have a liability despite that I vacated the property and informed in writing the agent.. ?
Expert:  MatthewM1117 replied 5 days ago.

Thank you for the clarification, this is outside the scope of my expertise so I will opt out to allow another expert who is better placed to assist you.

Expert:  Vineet S replied 5 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 5 days ago.

Hi there,

Tenancy does not terminate with the expiry of the fixed term, if the tenant stays on , the tenancy rolls into a periodic monthly tenancy, In case of a joint tenancy , if one of the joint tenant stays on, the tenancy rolls into periodic monthly tenancy. A joint tenancy can be terminated by a collective action of all the joint tenants. Both joint tenant needs to hand over the vacant possession back to the Landlord for terminating the tenancy.

In a joint tenancy, all tenants are jointly and severally liable for the rent payments till the expiry of the fixed term.

That means that each tenant will be responsible for complying with the Tenant’s obligations under this Agreement both individually and jointly. The Landlord may seek to enforce these obligations and claim damages against any one or all of the joint tenants.

Your Landlord can chase you for the rent payments till the expiry date of the fixed term, even if you leave the rented accommodation, as joint tenancy can be terminated by a collective action of all the joint tenants.

If you wants to leave and other tenant wants to stay, then you can find a new tenant who can take over the ongoing tenancy from you, thus you would be surrendering your tenancy in favour of the new replacement tenant.

You can ask the Landlord to find a replacement tenant who can take over the tenancy from you, or the remaining tenant can speak with the Landlord that she is looking to stay and should sign a new tenancy with the Landlord.

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 5 days ago.
Our contract was a Non housing act contract for work purpose on a fixed term for 3 years.
Is the rollover still valid?
In effect I vacated the premises, my wife did not . The landlord can forfeit the contract I guess ?
Expert:  Vineet S replied 5 days ago.

Kindly attach the relevant contract here-

Customer: replied 5 days ago.
File attached (M2PS1PT)
Expert:  Vineet S replied 5 days ago.

I will go through the attached doc and will be with you shortly.

Expert:  Vineet S replied 5 days ago.

Hi there,

Thank you for your patience.

Landlord can ask the remaining tenant to either leave or to sign a new tenancy agreement.

Expert:  Vineet S replied 5 days ago.

Non -housing tenancy means that it is outside the scope of the protection of the housing Laws, and it is contractual in nature , which means parties have only those right and obligations , as specified in the agreement.

Customer: replied 5 days ago.
My understanding is that the other tenant asked for a new agreement from April 2021 . I don’t know what was the response. What I know she still occupies the property.
In conclusion after you seen the contract can the landlord claim any unpaid rent from Me from
April 2021 ?
And if so … how can I protect myself if my relationship with the other tenant are no the same as before, I can’t force her to vacate the property to avoid further liability …
Expert:  Vineet S replied 5 days ago.

Fixed tenancy is expiring in 23rd March 2021. So, you are liable till that date for the rent payments.

Tell the Landlord that you are not in relationship with the other tenant , and Landlord should get in touch with the remaining tenant to sign a new tenancy with her.