A friend of mine was in a joint assured shorthold tenancy in Wales which commenced 3rd Oct 2015 ( initial fixed term until 2nd April 2016). Her partner left her recently and without her knowledge delivered in person a hand written notice to quit dated 2nd Sep 2016 stating “I hereby give 1 months notice to terminate the tenancy of the above property.”
The agent advised her/the remaining tenant that this was not valid – I think on the misassumption that notice was required from her too. However, I understand that one joint tenant can terminate a tenancy once the fixed term has expired, without even informing any other joint tenant and therefore the notice was valid?
My friend is now able to move into alternative accommodation in the next few days. The agent stated that she also needs to give notice, but are happy to make both her and her former partner liable only up to the point where she moves out provided that she provides notice and the new address of her former partner.
He has not yet removed ALL of his possessions – a vehicle in his name remains on the drive and some items of furniture etc. Nor has he returned the key. Rent has been paid covering up until 2nd Oct.
Does a tenancy still exist?
Does she need to give notice as well?
What should I advise her to do? Is there any point in her giving notice if no tenancy exists?
I also rent a couple of houses to couples so am interested from a professional point of view in this situation as well as in order to help a friend.