Joint Periodic Tenancy - One tenant given notice

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    Joint Periodic Tenancy - One tenant given notice

    I have a married couple who have been living in my property for the past 4 years. The tenancy agreement is now in a periodic state.
    I received 1 months notice in writing from the wife on behalf of both tenants. Which I accepted via email and written letter. We then found new tenants for the property who had agreed to move in a week after the current tenants had been due to vacate. On the day the property was due to be handed back the wife called me and advised they had now split and she had vacated but the husband hadn't. I can't get any form of response from the husband but he is still squatting at the house (I call it squatting as from what I can see there is no furniture left). How do I stand legally about accessing the property and changing the locks ? Does he still have rights to be there ?
    The wife has washed her hands of the situation claiming he has mental health issues and she can no longer be part of it.
    Any advice on this would be welcomed ?

    #2
    He is not a squatter although as the tenancy for both of them has ended, he is probably a trespasser. However, as he is a former tenant you can't just change the locks but will have to go to court to get a possession order. Don't accept any rent from him or you will create a new tenancy in his name. You can however charge the tenant mesne profits and according to the Distress for Rent Act, at a rate of double the rent. Both tenants are liable despite her having left.

    I would write and email both of them today explaining that this is what you will be doing and that they will also have to pay for the court and bailiff fees unless he leaves immediately.

    Comment


      #3
      Thanks for the reply. So I'm correct that the notice received from the wife has ended the tenancy for them both ? In which case on what grounds/route do I apply for a possession order. Basically what would be the quickest route ? And is the wife defiantly liable even though she has vacated ?

      He hasn't attempted to make any sort of payment but what happens if I receive something direct to my bank account ? Will this create a new tenancy ? Seems unlikely but would I need to refund this.

      Sorry if I'm repeating myself I'm a complete novice.

      Comment


        #4
        Yes, you should send back any money you receive as you can't accept rent without creating a new tenancy for the husband.
        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).

        Comment


          #5
          If the wife's notice legally ends the tenancy for both tenants and the the husband is technically now a trespasser can I apply for an interim possession order for the property using N130 form ??

          Comment


            #6
            Originally posted by DPT57 View Post
            You can however charge the tenant mesne profits and according to the Distress for Rent Act, at a rate of double the rent. Both tenants are liable despite her having left.
            Only the person holding over is liable for any mesne profits so long as the other party did not assent to the person holding over: Draper v Crofts & Bartlett [1846] 153 ER 807.

            Originally posted by Vardy2018 View Post
            So I'm correct that the notice received from the wife has ended the tenancy for them both ?
            Assuming the wife's notice was a valid notice to quit. How sure are you? In writing, of at least four weeks long or one complete period of the tenancy whichever is longer (or in the case of contractual periodic tenancy a longer amount of time as specified in the tenancy agreement), ending on the first or last day of a period of the tenancy?

            Originally posted by Vardy2018 View Post
            In which case on what grounds/route do I apply for a possession order. Basically what would be the quickest route ?
            That the tenancy had ended by tenant's notice to quit, and that the occupier is holding over.

            Originally posted by Vardy2018 View Post
            If the wife's notice legally ends the tenancy for both tenants and the the husband is technically now a trespasser can I apply for an interim possession order for the property using N130 form ??
            No. Full on normal (non-accelerated) possession claim.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              [QUOTE=KTC;n1054341]


              Assuming the wife's notice was a valid notice to quit. How sure are you? In writing, of at least four weeks long or one complete period of the tenancy whichever is longer (or in the case of contractual periodic tenancy a longer amount of time as specified in the tenancy agreement), ending on the first or last day of a period of the tenancy?

              I received notice via email on the 21st October stating they would be vacating the property on 27th November. I replied with an email and written letter. The contract started on the 28th of the month initially 12 months and is now in a periodic state. I have not received any payment for 28th Nov - 27th Dec or 27th Dec - 28th Jan. The husband has refused any contact with either myself or the now ex wife. Although the wife has left do I need to include her on the possession order ? or is it just the husband who is liable now ? Also the deposit that I have held by the DPS at what point should I request this to be released ? If the tenancy has ended can I request it now ?


              Comment


                #8
                Originally posted by Vardy2018 View Post
                I received notice via email on the 21st October stating they would be vacating the property on 27th November.
                Does your tenancy agreement say anything about how notices relating to the tenancy, or more specifically notices by tenant must be given?

                Originally posted by Vardy2018 View Post
                Although the wife has left do I need to include her on the possession order ? or is it just the husband who is liable now ?
                She's either a defandent or an interested party. I say include her.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Originally posted by KTC View Post

                  Does your tenancy agreement say anything about how notices relating to the tenancy, or more specifically notices by tenant must be given?
                  It doesn't say how notice should be given ?


                  Comment


                    #10
                    Originally posted by Vardy2018 View Post
                    It doesn't say how notice should be given ?
                    Looks like notice was valid.

                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Originally posted by KTC View Post

                      Looks like notice was valid.
                      Thanks again. I'll fill out the N5 form today and hopefully get things moving.
                      Under grounds for possession would I be ok to tick 'Trespass' and then send a supporting letter explaining whats happened, copy of the tenancy agreement and notice received from the wife ?

                      Comment


                        #12
                        Please consider taking actual proper legal advice.

                        Originally posted by Vardy2018 View Post
                        Under grounds for possession would I be ok to tick 'Trespass'
                        I don't think so.

                        Originally posted by CPR 55.1
                        (b) ‘a possession claim against trespassers’ means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;
                        So probably "other (please specify)" - tenancy ended by tenant's notice to quit.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment

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