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6th September sent the Special Delivery to the landlord:

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(courtesy of me - sent an email informing letting agent about the situation)

Snippets from tenancy agreement

Commencing on: 7 September 2016

Term of Rental: Twelve Months

1.2 The obligations and liabilities of the Parties under this Agreement are Joint and Several.

1.3 The Parties listed above agree that the Landlord’s Agent may provide their name, address and other contact details to third parties including, but not limited to, the Landlord, contractors, referencing companies, utility providers, the local authority and the appropriate tenancy deposit protection scheme provider. The obligations and liabilities of the Parties under this Agreement are Joint and Several.

Notices under Section 47 & 48 of the Landlord and Tenant Act 1987: For the purpose of Section 47 & 48 of the Landlord and Tenant Act 1987 the address at which any Notices (including Notices in any proceedings) may be served on the Landlord by the Tenant, is as set out below, until the Tenant is notified in writing to the contrary.

13 Upon the expiry of this fixed term of Rental, if no instruction has been received by either the Landlord or the Tenant, then the Agreement shall become statutory periodic. This means that the agreement will continue on a monthly basis until notice is received, two months from the Landlord and one month from the Tenant.

Research I did back then

I did a lot of research how to remove myself from the tenancy. I did call Shelter - https://en.wikipedia.org/wiki/Shelter_(charity) - I did follow their recommendation. The rationale was as follows:

  • There is joint tenancy
  • It automatically continues...
  • ...unless it is cancelled
  • Therefore I did cancel

I genuinely thought that charity dealing with homelessness is the best source of information.


Was cancellation to renew done properly?

Now I'm being told that the landlord didn't agree.

Does the landlord have to agree?

closed as off-topic by D M, rhymes_with_dorange, Nij, BlueDogRanch, Pat W. Apr 3 '18 at 11:49

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3

No, it was not done properly

See here.

You cannot, and the landlord cannot agree to remove your name from the joint tenancy.

You can cancel the tenancy for both of you, as can your ex. If you do this, the landlord is not under any obligation to offer your ex a lease on the same terms or at all so they would risk becoming homeless.

The court has the power under the Family Law Act to make such a substitution so you can apply to them for such an order.

  • "It is open to any of the joint tenants to serve a valid notice to terminate the tenancy but before doing so they should seek professional legal advice on the implications." - HMMM - I'm worried I've messed up again relying on volunteer knowledge rather than spending £££ for lawyers... I still don't quite understand where? – Michael Freeman Apr 2 '18 at 22:21

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