Joint Tenancy Agreement

[RoryJ]

Hi people,

Have had a look around and wow, there are definately a bunch of genuine, professional and helpful people here!

I hope you can help. I am in a certain dilemma in regards to the above.

I and another person took a house out on a joint tenancy agreement. Payments were going on time and regularly for a long time, however the past 6 months they have not been, now my share is always being debited on time, however the other tenant has been in arrears for a while and demands for those payments are being sent to him.

Now we are no longer on a fixed term contract, as we have already passed such period. This is now a rolling contract.

What can we do to clear up this problem? as the other tenant is relaxed about not paying up, so demands are being ushered to no affect. If he sends in notice of termination, I don't mind (once he terminates his contract and clears outstanding debts) I can resume the tenancy period in my own name?

Is such possible? as this way it makes it easier for parties?

Hope to hear from someone soon

Many Thanks :)

[jeffrey]

Once it's periodic, any one of the joint tenants can unilaterally end it by one month's Notice To Quit (running to/inc. a tenancy month end).

[RoryJ]

Hi Jeffery,

Your reply is most appreciated.

However what would happen with the outstanding debts of the tenant who is in arrears? Would this still be joint responsibility, or if a written notice saying he will cover the debts in due time be sufficient. The guarantor of the tenant also wants no affiliation with that tenant, he is planning to write in to declare his thoughts.

Thanks in advance

[jeffrey]

The tenancy is joint. The debts are too.

[RoryJ]

Ok, but even when the problematic tenant has sent in notice to terminate his contract and accepting responsibility for the rent?

The letter indicates he is responsible for his arrears, so can this letter be accepted to terminate contract and to start a sole-contract for the single tenant?

Many Thanks

[mind the gap]

Ok, but even when the problematic tenant has sent in notice to terminate his contract and accepting responsibility for the rent?

The letter indicates he is responsible for his arrears, so can this letter be accepted to terminate contract and to start a sole-contract for the single tenant?

Many Thanks

Notice by one tenant during an SPT terminates the tenancy for both. So you could ask your LL to issue you with a new contract in your sole name, and to pursue your ex-housemate for the outstanding debts. However, it is up to the LL whether he does either or both of these. He could decide not to renew the contract at all and to pursue you both for the arrears. Have you spoken to him about it?