Your rights and obligations vary depending on whether you have a joint or exclusive tenancy agreement or whether you have a tenant as a tenant of residence. In Scotland, this type of property is called the Joint Owners with a Survivorship Clause. If you have a lease in common with a partner or ex-partner, but your relationship has been broken, you need to discuss what is going on with the lease. If a tenant wants to go during a lease and other tenants want to stay, you can: This type of condominium is usually used by friends or relatives who buy together. If you are a separate tenant, you can leave your tenancy agreement by terminating it at the end of your temporary termination or by sending you a good notification if it is a periodic lease. You have a common lease if you and the other tenants all signed a single tenancy agreement with a landlord when you moved in. If you rent from a private landlord, it is up to your landlord to decide whether or not you are a roommate. You don`t have to. The joint lease transfers all assets to the divider – without the deceased being able to transfer property to the heirs. As a co-owner, you all have the same rights to live in the property – so if one person wants to sell, everyone else has to consent. Therefore, if you have friends or family members you trust enough to make a larger investment, buying community-owned real estate may be a good option. Your agreement may say that you can resign if you have to move prematurely. This is called the break clause.
As a tenant, you are all jointly and individually responsible for paying the rent. If a tenant moves without notice or does not pay their share, you are responsible for paying for it. If none of you pay your rent, your landlord can follow one of you and ask you to pay the full amount. In practice, they will probably go according to the person easiest to find or who has the most money and pays instead. You are also jointly responsible for people who are late in payment, even if you were not personally responsible for them. It is not necessary to go through the estate system, because a common lease creates a right of survival. In estate law, common rent is a special form of ownership of two or more people of the same property. Persons designated as co-tenants share the same ownership of the property and have the same undivided right to retain or transfer the property. The common rent creates a right of survival.
This right provides that if one of the roommates dies, the rest of the property is transferred to the survivors. Based on the tradition of common law, the common tenancy agreement is closely linked to two other forms of simultaneous ownership: common rental rights, a less restrictive form of ownership that sometimes arises when common tenancy agreements cease to exist, and the lease by the whole, a particular form of common rent for married couples.