We have a tenancy that is periodic and one tenant wants to vacate, the other tenant have advised they want to stay but cannot afford the rent on their own. Do we have to accept the notice from one tenant on a joint a several tenancy, we used the Guild AST.
Question
Ending a Tenancy (England) | England | Tenant Wants to Leave (England)
One tenant wants to leave
Answer
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3 Comments
During periodic, you’ve no choice but to accept the notice but, a notice from one during periodic ends the tenancy for them all.
Therefore the one remaining will either have to sign a new tenancy or leave.
If the remaining tenant won’t leave, a court order would be needed based upon the notice to quit from the other tenant.
Please see here for more details.
We advised the tenant the the tenancy would end as one had given notice and the leaving tenant has retracted their notice so enable the other tenant to stay although they are in fact leaving. We don’t want to keep the tenant as they can’t afford the tenancy on their own but is the court order option available in the current climate and can they even retract the notice?
We did speak on the telephone but just to confirm, a notice to quit from a tenant cannot be withdrawn unless with consent by all parties (including landlord). Such consent would be granting a new tenancy.