We have a property where the joint tenants have split up and we have been told they are now divorced, and one has moved out. I know that if one gives notice to quit, they both have to leave, but in these time of Covid19 how do we get rid of the remaining joint tenant who has started to be late with the rent and is not communicating with us. Do we still have to wait 6 months to evict the remaining tenant, or is there another route if they do not leave at the end of the notice period provided by the other joint tenant who has already moved out.
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If one of the joint tenant have served you a valid notice to quit, thent he tenancy will end on the notice expiry. You can go to court for possession then on that basis. You wouldn't have to serve your own notice and wait.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. -
Is this in fixed term or periodic please?? (If fixed term any notice is invalid).
You can always ASK someone to leave: Or bribe them.I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...Comment
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Its a Periodic.Comment
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Shelter is adamant that you don't need to go to court to remove the remaining occupant.
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
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If you have accepted rent from the remaining tenant after the expiry of the tenants notice then you are likely to created a new periodic tenancy for the remaining tenant. If they don't wish to leave, then you are likely to have difficulty evicting them for some time yet.Originally posted by Markjayneprop View Post
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As jpkeates says, Shelter seem to be of the opinion that a court order is not required. This seems to be at odds with much of the advice elsewhere on the internet, and I think proceeding without a court order should only be done after taking legal advice.Originally posted by jpkeates View Post
The other issue would seem to be that of "double rent" which Shelter also covers in the same article. If a tenant did remain, then it may be that the threat of double rent may persuade them otherwise.
It's not clear from the OP post, whether notice has actually been given. It reads simply that one of them has left. If, however, notice has been given, consideration also needs to be given to the fact that accepting rent as the expiry of the notice may result in a new tenancy being created.
https://england.shelter.org.uk/legal...o_quit_tenantsComment
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Reply to Allowing a pet mid tenancyNeed to slightly disagree, there are things such as rotten timber which may not be evident when you do your final checkout, due to the pet pee'ing on the floor if not house trained.
In theory, you may get a T, who will pay for all damages caused at the end of the tenancy, or they may fight...17-01-2021, 18:04 PM -
My tenants have asked me if they can get a dog for their children. I thought about it overnight and I don’t really want to stop a family from enjoying life so happy to let this happen. I also think that if they’re asking, their minds are made up so it could ultimately cost me losing good tenants...17-01-2021, 13:27 PM
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Reply to Allowing a pet mid tenancyI always see an issue with the 'increase the rent to cover it' (whatever 'it' is) suggestion.
My feeling/suspicion is that even though the rent has been increased to 'cover it' the LL will still be seeking full recompense at the end of the tenancy.
As a tenant I'd want something...17-01-2021, 17:57 PM -
Reply to Allowing a pet mid tenancyUnfortunately the two often go together
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Reply to Allowing a pet mid tenancyI'd say you are pleased the family are settling in and hope they are happy.
Then read every thread on this forum and see who causes the most problem ? Bad pets or bad tenants ?
You can carpet your whole house for less than a month's void if your tenants leave.....17-01-2021, 17:47 PM -
Deaths have to be registered, so ask your local register office:
https://www.gov.uk/register-offices
You need to be sure before you can even consider what you do next.17-01-2021, 17:40 PM -
I know it sounds like the title of a farcical 'comedy' from the 1960s, but it's not. I have (had?) an elderly lady tenant. I haven't seen her for months. Whenever I go to the house to inspect/carry out a repair she's not there, but her son and his family are! It's like they live there. At first they...16-01-2021, 11:21 AM
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Reply to Transferring PO to the High CourtDepends upon the court, then the Bailiffs timing, you could contact them to find out their lead times currently. They notify T, as it's easier if the T pays then for them to go round to collect it.17-01-2021, 17:37 PM
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I have applied to transfer possession order to the High Court for enforcement. How long does it take ? 2 - 3 weeks ? Also do they notify a tenant ?...17-01-2021, 10:15 AM
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Don';t try to help the T, most likely they are after a council house, or want re-location otherwise if they leave before bailiffs they wont be housed as an emergency.
Answer 9D - No, unless you have agriculture workers do you?
11A - No, unless it's a HMO is it?
15 - No, unless...17-01-2021, 17:33 PM
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