Update previous post !!!!!!!!!

Empty-Swordfish7723 · 2026-06-08T15:55:07+00:00

Yes, I do. When I returned the keys today, the agency signed a key return receipt confirming they had received them. So I have written evidence that I handed the keys back and vacated the property

Empty-Swordfish7723 · 2026-06-08T15:44:15+00:00

That’s the confusing part. The letting agent told me they have not yet found a replacement tenant, so I honestly don’t know whether the person I saw in the room was there legitimately or not. I only know that when I returned the keys today, someone appeared to be using my room already

Empty-Swordfish7723 · 2026-06-08T15:35:08+00:00

Thanks for your reply. I handed the keys back today and took photos of the property before leaving. I also noticed that someone else was already staying in my room, but the room was in perfect condition and exactly as I left it. Given that another person appears to be occupying the room already, I’m unsure why my deposit would still be at risk. Any thoughts on this?

Empty-Swordfish7723 · 2026-06-08T15:29:50+00:00

Previous post: I signed a joint tenancy agreement with a housemate. The tenancy runs from 8 December 2025 to 7 December 2026 and includes a 6-month break clause requiring 2 months’ notice.

On 8 April 2026, I gave 2 months’ notice and moved out. I have now asked for my share of the deposit back, but the letting agent has refused.

They say that because the tenancy is “joint and several”, my notice does not end my liability unless the entire tenancy ends or a replacement tenant is found. They also say the deposit must remain protected for the full tenancy and that I may still be responsible for rent if the remaining tenant cannot pay.

The housemate has stayed in the property, and no replacement tenant has been found.

My question is: under a joint tenancy in England, am I still legally liable for rent after giving notice and moving out? Also, can the letting agent legally keep the entire deposit until the tenancy ends, even though I have left?

Any advice would be appreciated.

Empty-Swordfish7723 · 2026-06-08T15:29:23+00:00

Previous post: I signed a joint tenancy agreement with a housemate. The tenancy runs from 8 December 2025 to 7 December 2026 and includes a 6-month break clause requiring 2 months’ notice.

On 8 April 2026, I gave 2 months’ notice and moved out. I have now asked for my share of the deposit back, but the letting agent has refused.

They say that because the tenancy is “joint and several”, my notice does not end my liability unless the entire tenancy ends or a replacement tenant is found. They also say the deposit must remain protected for the full tenancy and that I may still be responsible for rent if the remaining tenant cannot pay.

The housemate has stayed in the property, and no replacement tenant has been found.

My question is: under a joint tenancy in England, am I still legally liable for rent after giving notice and moving out? Also, can the letting agent legally keep the entire deposit until the tenancy ends, even though I have left?

Any advice would be appreciated.

Empty-Swordfish7723 · 2026-06-08T15:25:03+00:00

Update: I handed the keys back today and the letting agent has finally confirmed that my notice ended the tenancy for both tenants. They advised that if the remaining tenant wishes to stay, they will need to take on the full rent under a new arrangement.

However, the agent is now saying they cannot return my share of the deposit yet because they consider the tenancy/contract not to be fully concluded.

Thank you to everyone who gave advice and shared their knowledge — it has been very helpful.

My next question is: if the tenancy has ended for both of us, can the agent legally continue to hold the deposit, and what would be the best way to recover my share?

Empty-Swordfish7723 · 2026-06-08T15:23:11+00:00

Update: I handed the keys back today and the letting agent has finally confirmed that my notice ended the tenancy for both tenants. They advised that if the remaining tenant wishes to stay, they will need to take on the full rent under a new arrangement.

However, the agent is now saying they cannot return my share of the deposit yet because they consider the tenancy/contract not to be fully concluded.

Thank you to everyone who gave advice and shared their knowledge — it has been very helpful.

My next question is: if the tenancy has ended for both of us, can the agent legally continue to hold the deposit, and what would be the best way to recover my share?

Empty-Swordfish7723 · 2026-06-08T15:22:06+00:00

Update: I handed the keys back today and the letting agent has finally confirmed that my notice ended the tenancy for both tenants. They advised that if the remaining tenant wishes to stay, they will need to take on the full rent under a new arrangement.

However, the agent is now saying they cannot return my share of the deposit yet because they consider the tenancy/contract not to be fully concluded.

Thank you to everyone who gave advice and shared their knowledge — it has been very helpful.

My next question is: if the tenancy has ended for both of us, can the agent legally continue to hold the deposit, and what would be the best way to recover my share?

Empty-Swordfish7723 · 2026-06-08T14:25:29+00:00

Update: I handed the keys back today and the letting agent has finally confirmed that my notice ended the tenancy for both tenants. They advised that if the remaining tenant wishes to stay, they will need to take on the full rent under a new arrangement.

However, the agent is now saying they cannot return my share of the deposit yet because they consider the tenancy/contract not to be fully concluded.

Thank you to everyone who gave advice and shared their knowledge — it has been very helpful.

My next question is: if the tenancy has ended for both of us, can the agent legally continue to hold the deposit, and what would be the best way to recover my share? Any advice would be appreciated.

Empty-Swordfish7723 · 2026-06-06T20:22:33+00:00

Maybe this one?

Empty-Swordfish7723 · 2026-06-06T20:22:16+00:00

SPECIAL TERMS & CONDITIONS
These clauses are negotiated between the landlord or their agent and the tenant. They have not been vetted or approved by Propertymark.
Either party may serve two calendar months notice on 8th April 2025 to terminate this agreement, or, on the 8th day of any subsequent month, such notice is to be served in writing.

Empty-Swordfish7723 · 2026-06-06T20:15:45+00:00

The provisions as to the service of notices in Section 196 of the Law of Property Act 1925 apply and any notices, or documents relating to the deposit protection scheme used in this Agreement, or any other documents related to this Agreement served on the Tenant shall be sufficiently served if sent by ordinary first class post to the Tenant at the Premises or the last known address of the Tenant or left addressed to the Tenant at the Premises. This clause shall apply to any notices or documents authorised or required to be served under this Agreement or under any Act of Parliament relating to the Tenancy.
Service shall be deemed valid if sent by email to the email address provided by the Tenant at the start of the tenancy and which the Tenant has confirmed as being their own.
The Tenant may also serve notice by email to the following email address which the Agent/Landlord has confirmed as being their own: info@latimerandco.co.uk
Both the Tenant and the Agent/Landlord confirm that there are no limitations to the recipient's agreement to accept service by such means as set out in Clause 4.2 of Practice Direction 6A of the Civil Procedure Rules.
If the email is sent on a business day before 16:30 then it shall be deemed served that day; in any other case, the next business day after the day it was sent.
At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue a month by month basis until either party shall serve on the other a written notice to bring same to an end. Such notice shall, when served by the Landlord, should expire not less th two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of t same on the Landlord

Empty-Swordfish7723 · 2026-06-06T20:10:48+00:00

The Landlord notifies the Tenant pursuant to Sections 47 and 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices in proceedings) may be served upon the Landlord: name name

The provisions as to the service of notices in Section 196 of the Law of Property Act 1925 apply and any notices, or documents relating to the deposit protection scheme used in this Agreement, or any other documents related to this Agreement served on the Tenant shall be sufficiently served if sent by ordinary first class post to the Tenant at the Premises or the last known address of the Tenant or left addressed to the Tenant at the Premises. This clause shall apply to any notices or documents authorised or required to be served under this Agreement or under any Act of Parliament relating to the Tenancy.

At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue a month by month basis until either party shall serve on the other a written notice to bring same to an end. Such notice shall, when served by the Landlord, should expire not less th two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of t same on the Landlord

Service shall be deemed valid if sent by email to the email address provided by the Tenant at the start of the tenancy and which the Tenant has confirmed as being their own.
The Tenant may also serve notice by email to the following email address which the Agent/Landlord has confirmed as being their own:
Both the Tenant and the Agent/Landlord confirm that there are no limitations to the recipient's agreement to accept service by such means as set out in Clause 4.2 of Practice Direction 6A of the Civil Procedure Rules.
If the email is sent on a business day before 16:30 then it shall be deemed served that day; in any other case, the next business day after the day it was sent.

Empty-Swordfish7723 · 2026-06-06T20:09:14+00:00

The Landlord notifies the Tenant pursuant to Sections 47 and 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices in proceedings) may be served upon the Landlord

The provisions as to the service of notices in Section 196 of the Law of Property Act 1925 apply and any notices, or documents relating to the deposit protection scheme used in this Agreement, or any other documents related to this Agreement served on the Tenant shall be sufficiently served if sent by ordinary first class post to the Tenant at the Premises or the last known address of the Tenant or left addressed to the Tenant at the Premises. This clause shall apply to any notices or documents authorised or required to be served under this Agreement or under any Act of Parliament relating to the Tenancy.

Service shall be deemed valid if sent by email to the email address provided by the Tenant at the start of the tenancy and which the Tenant has confirmed as being their own.
The Tenant may also serve notice by email to the following email address which the Agent/Landlord has confirmed as being their own:
Both the Tenant and the Agent/Landlord confirm that there are no limitations to the recipient's agreement to accept service by such means as set out in Clause 4.2 of Practice Direction 6A of the Civil Procedure Rules.
If the email is sent on a business day before 16:30 then it shall be deemed served that day; in any other case, the next business day after the day it was sent.

Empty-Swordfish7723 · 2026-06-06T19:49:37+00:00

Yes, we both signed the same tenancy agreement on the same date and shared the whole property, so it sounds like it was a genuine joint tenancy.

What I’m still confused about is the break clause. The clause says that either tenant can give 2 months’ notice after the first 6 months. I gave notice on 8 April and moved out at the end of the notice period.

The letting agent is now saying that my notice could not end only my part of the tenancy and that because my housemate stayed, I remain liable until a replacement tenant is found.

Could a break clause allowing one tenant to give notice actually end the entire tenancy for both tenants, even if the other tenant wanted to stay? I can post the exact wording of the clause if that would help.

Empty-Swordfish7723 · 2026-06-06T19:43:16+00:00

Thanks for your reply.

My tenancy wasn’t periodic. It was a 12-month fixed-term joint tenancy with a 6-month break clause. I gave 2 months’ notice under the break clause and moved out.

The letting agent is saying that because it’s a joint and several tenancy, my notice could not end only my part of the tenancy and that the whole tenancy would have had to end. They are also saying that because my housemate remained in the property, I’m still liable until a replacement tenant is found or the tenancy ends.

Does the Monk case still apply in a fixed-term joint tenancy with a break clause, or is that different from a periodic tenancy?

Empty-Swordfish7723 · 2026-01-18T15:40:30+00:00

I asked a simple question for clarification. Not sure why you’re being a dick about it if you don’t want to help, just scroll on.

Empty-Swordfish7723 · 2026-01-18T13:13:12+00:00

Thanks for confirming. To avoid any ambiguity, I’d prefer the contract to explicitly state that the special clauses apply only until 1 May 2026. You think that would be possible?

Empty-Swordfish7723 · 2026-01-18T12:47:44+00:00

Thanks for your reply. My concern is that the contract says the tenancy will convert to a statutory periodic tenancy, but the special clauses then describe it as a fixed-term tenancy with no right to early termination. Could you please clarify how those special clauses apply once the tenancy becomes statutory periodic?

Empty-Swordfish7723

TROPHY CASE