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SJR
04-09-2010, 10:06 AM
I would appreciate any general advice from forum members.
I am in a househare in London with 3 other tenants. An AST was signed at the start of the houseshare with joint and several liability. The AST expired 2 months ago. Since then I have continued paying rent for the property, including a slight increase in rent made by the landlord at term expiry, and also one of the tenants has been replaced with a new tenant.
I have not signed a new AST as I shall be leaving the property soon. I have been advised by the lettings agent that it is my responsibility to find a replacement tenant, and that although there is no signed agreement, as I accepted the rent increase at term expiry then in effect a new AST has been started. Is this likely to be true, or can I simply give notice to quit? My thought would be that the AST has ended, that I am now on a statutory periodic tenancy and that I can end this by the notice to quit.

Thanks,
SJR

westminster
04-09-2010, 12:21 PM
My thought would be that the AST has ended, that I am now on a statutory periodic tenancy and that I can end this by the notice to quit.


I agree. The increased rent agreed is, IMO, a variation of the terms of the existing tenancy, not equivalent to a renewal of the fixed term. In any case, what is the fixed term of this so-called renewal?

As this is a statutory periodic tenancy, your notice to quit will end the tenancy for all the joint tenants, so make sure the others are aware of this, because if they want to stay on they'll have to negotiate a new contract with the LL.

And you obviously have no obligation to find a replacement for yourself.

SJR
04-09-2010, 13:05 PM
Many thanks for the reply and advice Westminster. That's pretty much what I thought the position would be.

westminster
04-09-2010, 13:32 PM
Just make sure you put your notice in writing, that it gives LL at least one month and also ends at the end of a tenancy period, and keep a copy/proof of posting, so that you have the evidence should agent/LL attempt to dispute your notice etc.