Fixed Term Tenancy

[winifred]

Can anyone advise please?

My Son and two friends entered into a Fixed term tenancy which expires 21/8/15.

He has told the estate agents that he will relinquish the tenancy on that date. His housemates however initially tried to arrange two further tenants to continue the tenancy and take over two of the bedrooms. The landlord (3 weeks before end of tenancy) said if that was the case he would increase the rent. As they could not afford it the two new housemates dropped out. No new contract have been signed.

My Son has been told by the estate agents that he is liable for a further months rent, in lieu of notice. I have researched and am aware that the tenancy will end by effluxion of time.

The problem is that the estate agents have told my son the tenancy will revert to a periodic tenancy. He is leaving the property but the other two housemates are saying that time constraints on looking for new accommodation mean they will not leave by the tenancy expiry date.

Does this mean a periodic tenancy will take over and will my Son be liable for any rents due on this. The estate agents have asked for this further months rent to be paid on 21/8/15 which I thought then ties him into the periodic tenancy.

Can anyone advise how he can leave the property as he plans but not be financially liable, or has he got himself into a mess?

Sorry for the long winded question

[dan_1207]

Re: Fixed Term Tenancy

Whether one tenant can terminate an AST held by joint tenants will depend on the timing of the notice.

Section 45(3) of the Housing Act 1988 deals with joint tenants and provides that all co-owners must act together to do something effecting the tenancy.

If the notice is given during the fixed term of the AST, it may effectively be a surrender, all joint tenants must act together and a single joint tenant cannot validly surrender the tenancy (Leek and Moorlands Building Society v Clark [1952] 2 QB 788 CA). Therefore, if the notice is a surrender, it will not be valid. If one of the tenants decides to simply leave the property, the tenancy will continue, as long as one of the tenants resides at the property as it’s main home (section 1(1)(b), Housing Act 1988). However, if the AST is now a periodic tenancy one joint tenant can serve a notice to quit that will be binding (Hammersmith and Fulham London Borough Council v Monk [1992] 1 All ER 1 HL).

However, the rule in relation to a periodic tenancy will only be applicable if the notice is served correctly, to expire at the end of a period. If it does not, it will be a surrender and therefore, must be given by all of the tenants in order to be valid.

Generally, a guarantor, will no longer be liable for further breaches, if the tenancy is varied without its consent. Therefore, it must be decided whether the tenancy continues, and if so, have the terms been varied without the guarantors consent.