The dotted line
Question
I used to live with my partner and we had a joint tenancy on the flat we lived in. We recently broke up and I've moved out. Before I left, I wrote to the landlord to inform him and explain the situation.
Because the flat was in both of our names, the landlord wants us both to sign a letter terminating the contract, even if my ex stays and takes out his own contract. But he won't sign it.
If he doesn't sign, am I still liable for half the rent? Now I've moved out I can't afford it. Where do I stand?
Answer
We're sorry to hear that you're having problems ending your contract. It can be difficult when there is a disagreement about this.
It's important to know what type of tenancy you have with your partner and to know whether or not the tenancy is still in its fixed term or if it's periodic. A fixed- term tenancy is for a set period of time, such as six months or one year. A periodic tenancy is one that is not for a set period of time. It can also be one that has occurred after the fixed term runs out and no new agreement has been entered into between the landlord and the tenants.
If both of you want to leave before the end of the fixed term, you should check your tenancy agreement to see if it allows you to end the tenancy early. Some fixed-term tenancy agreements state that tenants are allowed to give notice to end the tenancy early. This is known as a 'break clause'. In your case your partner would also have to agree to end the tenancy early.
If you have left before the end of the fixed term you will still be responsible for the rent. As joint tenants your landlord could ask you, your partner or both of you for the rent.
If you left after the end of the fixed term then you'll have the same rights as a periodic tenant. If this is the case, you can end your tenancy by giving four weeks' notice to your landlord. You could give notice to end the tenancy without your partner's consent. In this case, once the notice expires your liability for rent ends. The notice period will be longer if the tenancy agreement says so or if you pay your rent monthly or even less frequently. If you want to give notice, it must be in writing and end on a day when the rent is due.
The joint periodic tenancy can be ended earlier than the minimum of four weeks if all the joint tenants and the landlord agree. If possible, you should get this agreement in writing. In your case, your partner would still have to agree to end the tenancy early.
It is not possible to know exactly what situation you are in. It may be that your tenancy has expired or that you've given the correct notice but the landlord is still charging you for rent. You can talk through all the issues in detail by visiting a local advice centre or you could phone Shelter's housing advice helpline.
Updated: 29/09/2008
Question answered by Shelter
