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Question Title: Joint tenants
| Question: 171 |
| I have just been give notice by one of two joint tenants. Does this terminate the tenancy for both of them?
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| Answer: |
| Where the joint tenants hold the tenancy as a periodic tenancy, it may be determined by a notice to quit given by one of the joint tenants without the concurrence of the other unless the terms of the tenancy provide otherwise. However, all the joint tenants unless the tenancy agreement provides for it to be determined by one only must serve a notice served pursuant to a break clause in a fixed term tenancy. All the tenants may give notice in a form only signed by one where that person has their authority to act as agent. In that case a landlord would be well advised to ensure that such authority actually exists and for that reason it would be easier to insist that such notice be received from all joint tenants.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Possession Issues