Hi Guys
I posted a query approx 3 weeks ago which you answered for me verbally and provided me with the information with which to advise my tenants of their obligations (please see my last enquiry).
Unfortunately the guy that moved out "John" is now challenging this (recourse to citizens advice etc) and it looks like he will stop paying the rent at the end of the notice period i.e 2nd April.
In order to re-inforce what I have relayed to him, would it be possible for you to provide this guidance in written form.
I have copied below my letter to him following the guidance I received and his response.
Note their real names have been replaced with John and Janet
---------------------------------------------My letter to John -----------------------------------
John
Oakridge
Basingstoke 16 February 2022
Dear John
Re: Termination of Tenancy at 44 P...... Rd
Further to you letter requesting ending your tenancy at 44 P..... Rd, I can confirm this has been received and accepted, with a handback date of 2nd April 2022.
Rent will still be due as normal up to the point the property is returned to us.
We are aware you are no longer living at the property and that Janet is still living there with her son.
In light of this I feel I need to advise you of some specific points:
• As the tenancy is now a Periodic Tenancy only one party needs to give notice to end it and that notice will apply to both of you, i.e. the property will need to be vacated by everyone by the 2nd April.
• In the event the property has not been vacated by the 2nd April then rent will still be due by both of you up to the point the property is returned to us (landlord).
• In the event rent arrears accrue then the landlord can apply to the courts to recover any arrears from both parties.
I am not a solicitor and I would advise you to seek advice regarding your position, however, I have discussed the situation with the National Landlords Association and this is what they have advised me.
I will of course share this information with Janet.
Should you have any questions please don’t hesitate to contact me.
Kind regards
Peter R
Director xxxxxxx Ltd
-------------------------------------- Johns Response -------------------------------
From: John
Date: 9 March 2022 at 10:05:51 GMT
To: Sharon
Subject: End of tenancy
Dear Mr and Mrs R
Thank you for your letter dated 16th February 2022, confirming your acceptance of my request to end the tenancy of 44 P.... Rd on the 2nd April 2022.
You confirm that as the tenancy is now a Periodic Tenancy only one party needs to give notice and by giving notice this ends the tenancy for both parties , in this case myself and Janet. Therefore my liability will end on the 2nd April 2022.
However I do not agree with the 2nd point of your letter which states that if the property is not vacated by 2nd April then both parties will still be liable for the rent up until such time as the property is returned to yourselves ( the landlords). Notice has been given and accepted therefore the tenancy agreement, and with it my liability, ends on the 2nd April 2022. If you wish to arrange another tenancy agreement with the remaining Party that is of course up to you.
I have obtained the following information from the Citizens Advice public website;
If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. It's important to be aware that if you end your tenancy it ends for everyone.
Please also refer to
Mayor etc. of the London Borough of Hammersmith and Fulham
(Respondents) v. Monk (A.P.) (Appellant) -Judgement 1991.
Point 3 of your letter states that in event of any rent arrears the landlord can apply to the court to recover arrears from both parties . Just to reiterate , you have confirmed that the joint periodic tenancy terminates on the 2nd April 2022, I have already moved out of the premises, therefore I accept no responsible for any rent arrears incurred after this period .
Yours sincerely
John
