A joint tenant cannot unilaterally serve a notice to end a joint tenancy during the fixed term. For a joint tenant to be removed from the tenancy during the fixed term all parties will need to agree to a surrender (effectively ending the current tenancy) and then the continuing tenants including any replacement tenant can sign a renewal.
A Landlord does not have to agree to a surrender and if they don’t then the tenants will remain jointly and severally liable meaning that each tenant could be pursued individually for the full amount of any unpaid rent for the property.
It is usually best however to try to reach an agreement. It is up to the landlord whether they require the outgoing tenant to find a replacement before agreeing to a surrender and renewal .
If the tenancy is periodic then then a single joint tenant can serve a notice (as long as the notice is valid) to end the tenancy.
What to do if one tenant wants to leave?
1. All tenants and the landlord should reach an agreement over when and how the tenancy will be ending. We have a break down of different options for ending a tenancy early here.
2. Sign a deed of surrender confirming when the current tenancy is ending and the terms that everyone has agreed to.
3. Ensure that a full end of tenancy inspection is carried out.
4. The landlord should make any necessary claims for damage to the property and ensure that the leaving tenant gets their share of the deposit back.
5. The remaining tenant(s) and landlord should sign a new tenancy agreement.
In Rent Now
If you set up your tenancy using OpenRent's Rent Now service then you can remove tenants and guarantors from the contract by renewing your tenancy, i.e. you don't need to surrender your current contract. You will still need to ensure that the tenant who is leaving receives their share of the tenancy deposit, however.
You can read more about removing a tenant during a renewal here.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.