Ending a joint tenancy

You need to end your tenancy if you want to leave. If you don't end your tenancy properly, you may still have to pay rent. Your landlord will only be able to get rent from you if s/he hasn't been able to find another tenant for the property.

When you can end the tenancy depends on the type of tenancy and what your tenancy agreement says.

What is a joint tenancy?
Private tenants
All joint tenants want to leave
Only one joint tenant leaves
What can the landlord do?
Housing Executive and housing association tenants

What is a joint tenancy?

You will usually have a joint tenancy if someone else's name is on the tenancy agreement as well as your own. This might be one other person or a number of people. Joint tenants have exactly the same rights and responsibilities as each other.

In most circumstances none of the tenants have the right to live in the property if a joint tenancy ends.

Private tenants

When you can end your tenancy depends on what type of tenancy you have. Your tenancy term will either be:

a fixed term tenancy
a periodic tenancy
a 6 month tenancy

A fixed term tenancy is for a set period such as six months or one year. A periodic tenancy is one that may relate to how you pay your rent (weekly, monthly). If your tenancy began before 1^st April 2007 and is not a fixed term tenancy you will usually have a periodic tenancy. However, if your tenancy began after 1^st April 2007 and is not a fixed term tenancy a tenancy period of 6 months will apply.

Joint fixed term tenancy

You can leave on the last day of the fixed term without telling your landlord, but it is best to do so, especially if you have paid a deposit. Check your tenancy agreement if you want to leave before the end of the fixed term. It may allow you to give notice and end the tenancy early. This is known as a 'break clause'.

If your tenancy agreement does not have a ' break clause ' you can only leave early if your landlord agrees. Get this agreement in writing. If you want to leave after the end of the fixed term, the situation is the same as for periodic tenants.

Joint periodic tenancy

You can end your tenancy by giving at least four weeks' notice to your landlord. You may have to give more notice if you've lived in the property for 5 years or more. You can end the tenancy by giving less than four weeks' notice if the landlord agrees. Get this agreement in writing.

Joint 6 month tenancy

If your tenancy was granted after 1^st April 2007 and is not fixed term in nature, a tenancy term of six months applies to it. This means that both you and the landlord will be tied to that tenancy for 6 months.

After the 6 month period, the tenancy shall be a periodic tenancy and in terms of notice to leave, the situation is the same as for periodic tenants. This does not apply to protected tenancies .

All joint tenants want to leave

You will continue to owe your landlord rent if you leave your tenancy early when you don't have the right to. Your landlord can take legal action to claim this rent money from you. S/he can do this up to the time when you would have been able to end the tenancy:

until the end of the term for fixed term tenants
4, 8 or 12 weeks for periodic tenants, depending on the length of time you've been living in the property
until the end of the 6 months for default tenancy term tenants

However, your landlord will only be able to get this money from you if it hasn't been possible to let the property to another tenant during the period you were supposed to live there. If the landlord rents out the property, they can't charge both you and the new tenant rent. If the landlord doesn't make any effort to let out the property the court is likely to reduce the amount of money you will have to pay.

If all the joint tenants have no choice but to leave early then the best way to avoid paying rent is to have someone else take over the tenancy. To avoid problems, your landlord should agree to the new tenants taking over. Your landlord will usually give the new tenants their own tenancy agreement. If the landlord doesn't accept the new tenant you may be able to negotiate to pay part of the rent you owe. For example, pay two months' rent if there are four months left on the agreement.

Only one joint tenant leaves

The tenancy will continue if only one joint tenants leaves without having the right to. The tenant(s) who leave will still be responsible for the rent. The remaining tenants must pay if it isn't possible to get the money from the tenant(s) who have left.

Some of the joint tenants leaving when they have the right to do so will usually end the tenancy for all the joint tenants. The tenants who wish to stay in the property are likely to have no right to live in the accommodation once the notice expires. The remaining tenants will have to negotiate with the landlord for a new tenancy. Get specialist advice from Housing Rights Service if you are in this situation.

What can the landlord do?

If you leave early without your landlord's agreement, s/he can take court action to reclaim the rent. The court will decide whether you should pay your landlord the money or not.

Your landlord should try to rent out the property again. If your landlord rents out the property, s/he can't charge both you and the new tenants rent. If the landlord doesn't make any effort to let out the property the court is likely to reduce the amount of money you must pay.