Mrs T will give valid notice. Mr T probably won't move out so Mrs T will be liable for 2x rent at MrT's place and her own rent. Mr T has a very small income so the debt will fall to Mrs T.
Can Mrs T change locks?
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Originally posted by Berlingogirl View PostThanks jp. If Mrs T changed the locks now and excluded Mr T he'd throw a wobbler and would probably be howling at the front door all night. I don;'t think there's an easy way out of this. Easy and cheap, I should say.
When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).
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Originally posted by jjlandlord View Post
She won't end up paying more rent than she is now and it is up to her to end the tenancy.
although she wont' be paying more rent to the OP, she will be paying more rent in total.
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The tenant's notice ends the tenancy, which also ends the joint agreement.
If Mr T remains in the property, he does so as an individual, not as the joint "tenant".
So he's not holding over, he's simply no longer entitled to remain.When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).
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EDIT : This is not my tenant. Update: Mr T is looking for a flat. Mrs T needs to prove to housing benefits/UC that she is living alone. What's the best way for her to do this? Ideally a new TA would do but would the agent charge an arm and a leg to do this? I've suggested she go to the LL direct (not sure if there is in fact an agent). What happens about teh deposit ? Does it have to be given back and redeposit it?
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Originally posted by jpkeates View PostThe tenant's notice ends the tenancy, which also ends the joint agreement.
If Mr T remains in the property, he does so as an individual, not as the joint "tenant".
So he's not holding over, he's simply no longer entitled to remain.
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Originally posted by jjlandlord View PostThe tenant is holding over since the tenant hasn't left and has certainly not "delivered possession"...
Berlinogogirl, I had got my threads crossed with one where the person remaining wasn't on the tenancy agreement.
While I don't actually agree with jjlandlord, he certainly has a valid point, and my post (#25) shouldn't have been so definite.
A joint tenant staying in place / holding over is nowhere near as simple as my response indicated.
The tenant's haven't sorted out the issue as suggested.
Mrs T is going to find it hard to prove anything to the housing benefit office as she is going to have a lot of rent due if she has simply moved out leaving her partner "looking for a flat".
There's a very good argument to be made that the tenancy continues as before.
She needed to exclude him when notice expired to end the tenancy beyond any doubt - and failed to do that.When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).
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