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Q.

Can I Leave A Joint Tenancy Agreement?

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0 2022-11-21T23:09:27+00:00

Hey Pal,

I was staying with one of my friends in joint ownership. However, after a few months, we started facing issues and we are on the verge of ending our friendship. It was during that time I enquired, can I leave a joint tenancy agreement? I started researching about the same.

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Finally, I visited a real estate legal advisor, and asked him can one tenant leave a joint tenancy. To this, he responded that I would normally need the landlord's and the other tenants' consent to give the notice to end a joint tenancy that has a fixed term (for instance, 12 months). The joint tenancy agreement one person leaves would end everyone else's lease as well. 

A "joint ownership agreement" is a contract that two or more people enter into to jointly own property. This may be done for a number of reasons, including transactional convenience, succession preferences, tax advantages, etc. There are various types of joint ownership agreements, each of which specifies and regulates the conditions of co-ownership.

Hence, if you are pondering, can one person leave a joint tenancy? I would like to state that rent is payable by the tenants listed on the tenancy agreement. Additionally, the renter is responsible for paying their portion of the rent if they leave the property while the rental agreement is still in force. They still have legal responsibility for the debt even though in a joint tenancy agreement one tenant leaves or they are no longer residing in the home.

All duties outlined in the lease agreement are shared by all joint tenants and are, therefore "jointly and severally accountable." Even if only one tenant is not upholding their end of the bargain, such as paying the rent, you have the right as the landlord to pursue all tenants.

Therefore, it is imperative that both you and the tenants completely comprehend the terms of the rental agreement, which is likely to be an assured shorthold lease (AST).

I believe this answer suffices your query, can I leave a joint tenancy agreement. I hope this helps:)

Read More:

Is it possible to make a rental agreement in more than 1 person’s name? What are joint tenants with the right of survivorship? 
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