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Question Title: Sharers
| Question: 318 |
| I have four sharers on a single tenancy agreement together, their tenancy is now periodic and two of them want to leave, two of them want to stay. What is the correct procedure ?
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| Where the tenancy is periodic (i.e. it rolls over from month to month with no fixed termination date), the tenancy may be terminated by a notice to quit from any one of the joint tenants without the concurrence of the others, unless the terms of the tenancy provide otherwise. In tenancies which are not periodic (e.g. tenants exercising a break clause for a fixed term tenancy), notice is required by ALL of the tenants. Normally there will be a surrender of the existing tenancy to the landlord and a re-grant of a new tenancy either to the remaining two, or the existing two plus a new pair of sharers. Most tenancy agreements include prohibitions on assignment so assignment of the current interest of the departing tenants is not a likely scenario. For the future, the Law Commission has proposed that there should be a compulsory term in the agreement that the occupier should be able to apply to the landlord for permission to have someone else brought into the agreement as a new joint occupier.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 1999 page 29 |
letting-update-journal.html
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Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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