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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