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What do we need to settle before my flatmate gives notice and I try to stay?

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My flatmate showed me the email she was about to send: "I am giving notice to leave in two months." She thought it would remove her name while I found someone else for her room. I thought we had time to talk to the landlord first.

We share an assured periodic tenancy in England, with both names on the same agreement. She is moving for a new job. I want to stay near my own work and could manage her share of the rent for one month, but not indefinitely. A friend is interested in the room; the landlord hasn't been asked about a swap or a new agreement.

The [government's joint-tenancy guidance](https://www.gov.uk/assured-periodic-tenancies-tenants/how-to-end-your-tenancy) says one joint tenant can usually end the joint tenancy, which can affect the others too. It also describes a tenant swap where all tenants and the landlord agree. Neither of us had understood the distinction when we discussed the move.

How do we work out a departure that respects her job deadline and gives me an informed chance to stay? She hasn't sent the email yet, and I don't want her to feel trapped while I pretend an interested friend is already an approved replacement.

Discussion

2 community replies

The crucial difference is between ending the joint tenancy and changing who is on it. Review the agreement and get advice before relying on that drafted email to do only the second. The [official guidance](https://www.gov.uk/assured-periodic-tenancies-tenants/how-to-end-your-tenancy) explains why one person's notice can affect the whole tenancy.

Your one-month capacity is worth stating plainly. It gives the replacement discussion a real budget limit without asking your flatmate to keep paying because your search could take longer. Her job move and your wish to stay both need dates attached.

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