Renting Homes: The Final Report - Law Commission

Secure and periodic standard contracts
4.87 All secure and periodic standard contracts contain a fundamental term that a joint
contract-holder may withdraw from the contract by giving notice – a withdrawal
notice – to the landlord. 99 The notice must specify the date – the withdrawal date
– after which he/she intends no longer to be bound by the contract. 100 The joint
contract-holder must give a written warning to the other joint contract-holders
when giving the withdrawal notice to the landlord, and must attach a copy of the
withdrawal notice.
4.88 On receipt of the notice the landlord must, as soon as reasonably practicable
after receiving the withdrawal notice, warn the other contract-holders about this.
The landlord must write to the others, attaching a copy of the withdrawal
notice. 101 We are imposing warning requirements on both the landlord and the
joint contract-holder seeking to withdraw in order to offer the remaining joint
contract-holders the fullest opportunity to seek a replacement for the departing
joint contract-holder to take over that person’s share of the rent.
4.89 The joint contract-holder’s rights and liabilities under the contract cease on the
withdrawal date, though this does not remove any rights and liabilities accruing
before that date. 102
Fixed term standard contracts
4.90 A fixed term standard contract may include a term permitting the contract-holder
to bring the contract to an end before the completion of the fixed term by giving
the landlord written notice. 103 It may also provide that where one or more joint
contract-holders (but not all) gives notice in writing, it is to be treated as a
withdrawal notice. In such a case, the landlord must – as above – warn the other
joint contract-holders in writing. The treatment of the rights and liabilities of the
withdrawing contract-holder are also as set out in the previous paragraph. 104
99 Cl 112(1).
100 Cl 112(2). Where one or more (but not all) joint contract-holders have given notice under cl
167 (which is for use by a single contract-holder) this is to be treated as a withdrawal
notice: cl 112(6).
101 Cl 112(4).
102 Cl 112(5).
103 Cl 171.
104 Cl 114.
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