Can Mrs T change locks?

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  • Berlingogirl
    started a topic Can Mrs T change locks?

    Can Mrs T change locks?

    Mr and Mrs T are splitting up. Mrs T is looking for a new place before giving notice to LL. Mrs T is going to give notice to LL then move immediately to new place. Mr T has mental health issues and verbally intimidates and bullies Mrs T so she needs to get out before he can start on her.

    As it is a joint tenancy, the notice given by Mrs T is notice for both Mr and Mrs T.

    Mr T will find it difficult imo, to get a new place as he only works part time. This might mean that he won't move out before the end of the notice and therefore both will be liable for paying double the rent. Mrs T will find it impossible to pay two or three lots of rent.

    If Mr T doesn't move out, can Mrs T change the locks at the end of the notice period, so he can't get in and live there, and give the new keys to the landlord to end the tenancy?

    What do you think is the best way for Mrs T to end the tenancy?

  • jpkeates
    replied
    Originally posted by jjlandlord View Post
    The tenant is holding over since the tenant hasn't left and has certainly not "delivered possession"...
    Ah yes.

    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.

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by jpkeates View Post
    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.
    The tenant is holding over since the tenant hasn't left and has certainly not "delivered possession"...

    Leave a comment:


  • Kape65
    replied
    The deposit will need to be re-protected if changing from joint to sole tenancy.

    Leave a comment:


  • Berlingogirl
    replied
    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?

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • jjlandlord
    replied
    There is no way around serving notice if she wants to leave.

    As said the 2x rent is only if the landlord successfully pursues it.

    Leave a comment:


  • Berlingogirl
    replied
    Leaseholder - yes, she'll be paying her own rent and 2x the rent at the old place (because she gave notice and MrT hasn't moved out; she's the only one with any kind of income so she'll be liable).

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by leaseholder64 View Post
    I think the OP means she will continue to pay the rent for her free loading partner, as well as the rent for the property where she is actually living.
    Hence serving notice to quit. There is no way around that, really.

    Leave a comment:


  • leaseholder64
    replied
    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.
    I think the OP means she will continue to pay the rent for her free loading partner, as well as the rent for the property where she is actually living.

    although she wont' be paying more rent to the OP, she will be paying more rent in total.

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by Berlingogirl View Post
    jp - I think you're right. They're just going to have to sort it out, even if Mrs T ends up paying an awful lot of rent.
    She won't end up paying more rent than she is now and it is up to her to end the tenancy.

    Leave a comment:


  • Berlingogirl
    replied
    jp - I think you're right. They're just going to have to sort it out, even if Mrs T ends up paying an awful lot of rent.

    Thanks everyone for your suggestions, thoughts and comments.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Berlingogirl View Post
    Thanks 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.
    That's why I'm suggesting the landlord doesn't get involved - the tenants need to sort themselves out.


    Leave a comment:


  • jjlandlord
    replied
    If notice has been given then, indeed, a s.21 notice may be given as precaution.

    The 2x rent is not an issue.

    Leave a comment:


  • Berlingogirl
    replied
    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.

    Leave a comment:

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