Joint Tenancy

[Motoxchick25]

I am currently in a joint tenancy with my boyfriend however things aren't working out the way I hoped. Things have got so bad that I just want out. It is both our names on the tenancy and wanted some advice on whether I would be liable for any outstanding rent if I left giving the landlord prior notice? My boyfriend will not let me stay in the house and I am not bothered about that but don't want to lumbered with an outstanding debt when I leave. PLEASE HELP!!!!

[proudmary]

Hi Moto
You need to write to your landlord terminating your part of the tenancy, send the letter recorded delivery and keep a copy. If you have to give four weeks notice I would suggest paying the landlord your share of 4 weeks rent (although he could come to you for it all as you are joint tenants). You will then have no further financial liability, ask the landlord to view the property before you return the keys so he can see you have caused no damage etc
One word of warning pet, make sure you have somewhere safe to go when you leave, if you apply to your local council as homeless you will probably be found intentionally homeless and only given advice not temporary accommodation or a new home.
Hope everything works out for you

[themas]

I'm afraid the above answer is not correct. You have a joint tenancy which (I assume - it is almost always the case) is for a fixed period of time. In that case, both of you are liable for the whole of the rent (on a joint and several basis) for the full term of the tenancy.

If you leave the property and your ex goes on paying the full rent then you are OK, but if he defaults at any time the landlord can chase either (or both) of you for the arrears.

It is possible the landlord may agree to end the tenancy early and replace it with one only in your ex's name, but that is a matter for negotiation and would need your ex's consent as well.

You must make sure the tenancy does end when the fixed term expires - otherwise your ex could go on occupying on a periodic tenancy with you still on the agreement. So you do need to give written notice (recorded delivery, keep a copy) to end the tenancy on the fixed term expiry date.

[bushbaby_de]

Just to add to themas's reply, once the contract has been running long enough for you to give notice to terminate it, if one party gives notice when it is a joint contract this has the effect of terminating the entire contract. If the contract hasn't been running long enough to terminate it, you may find the landlord is willing to cancel the original contract and draw up a new one just with your ex. However if the landlord agrees to this you must get them to confirm in writing that they have allowed early termination of the joint contract.