Hi all,
I would be grateful for any advice:
I'm a landlord as follows:
AST - commenced 12/04/2021
6 month fixed term, now contractual periodic (has not been renewed).
Tenant 1
Tenant 2
(No children)
Guarantor (relation of Tenant 1)
Deposit protected
Country: England
Around the end of last year (Oct 21 - Nov 21) Tenant 1 was ordered to leave the property by public authorities due to unfortunately inflicting domestic abuse on Tenant 2. Apparently there has been a Court order to prevent Tenant 1 coming in proximity of Tenant 2 or even contacting them.
Tenant 2 resides in the property and intended to move on to a new property in Feb 2022.
Just to note, Tenant 2 has been paying the rent consistently for the last few months. (Although I guess irrelevant due to joint and severally liable with Tenant 1).
Therefore, I served notice on 27/11/2021 to bring the tenancy to an end on 11/02/2022 for all parties (T1, T2. G).
So far, so good, however;
Last week, Tenant 2 requested if they could have an extra month in the property as there was a slight delay with their new property. Therefore, on the 18/01/2022 I sent a notice to withdraw the current section 21 to all parties and I followed up with a new section 21 notice on the same day to end the tenancy on 21/03/2022.
While Tenant 2 is agreeable to the withdrawal of the old section 21 and service of the new section 21, it appears that Tenant 1 is not. Tenant 1 wishes the tenancy to end as soon as possible and will likely favour the old section 21.
Now, so far, Tenant 1 has not provided any nuance to their argument, however, my main concern is, does Tenant 1 have a point? Have I created doubt? Even though tenants are joint and severally liable, have I unwittingly allowed escape for Tenant 1 and Guarantor on the 11/02/2022 (as per the original notice) while unintentionally granting a new tenancy to Tenant 2 ? (The need then to re-protect deposit and serve documents.) AND worse, am I now open from some kind of attack from Tenant 1 ? (Promissory Estoppel?)
Or is it that the tenancy won't end on 11/02/2022 because Tenant 2 will still clearly reside beyond this date and all parties remain liable until vacant possession is given.
My hope, whatever the case, with only an additional month, and full co operation and support from Tenant 2, with whom I have a good relationship with and have no doubt will pay the last month's rent, I'm hoping it may end OK.
Thank you for your thoughts on this one.
I would be grateful for any advice:
I'm a landlord as follows:
AST - commenced 12/04/2021
6 month fixed term, now contractual periodic (has not been renewed).
Tenant 1
Tenant 2
(No children)
Guarantor (relation of Tenant 1)
Deposit protected
Country: England
Around the end of last year (Oct 21 - Nov 21) Tenant 1 was ordered to leave the property by public authorities due to unfortunately inflicting domestic abuse on Tenant 2. Apparently there has been a Court order to prevent Tenant 1 coming in proximity of Tenant 2 or even contacting them.
Tenant 2 resides in the property and intended to move on to a new property in Feb 2022.
Just to note, Tenant 2 has been paying the rent consistently for the last few months. (Although I guess irrelevant due to joint and severally liable with Tenant 1).
Therefore, I served notice on 27/11/2021 to bring the tenancy to an end on 11/02/2022 for all parties (T1, T2. G).
So far, so good, however;
Last week, Tenant 2 requested if they could have an extra month in the property as there was a slight delay with their new property. Therefore, on the 18/01/2022 I sent a notice to withdraw the current section 21 to all parties and I followed up with a new section 21 notice on the same day to end the tenancy on 21/03/2022.
While Tenant 2 is agreeable to the withdrawal of the old section 21 and service of the new section 21, it appears that Tenant 1 is not. Tenant 1 wishes the tenancy to end as soon as possible and will likely favour the old section 21.
Now, so far, Tenant 1 has not provided any nuance to their argument, however, my main concern is, does Tenant 1 have a point? Have I created doubt? Even though tenants are joint and severally liable, have I unwittingly allowed escape for Tenant 1 and Guarantor on the 11/02/2022 (as per the original notice) while unintentionally granting a new tenancy to Tenant 2 ? (The need then to re-protect deposit and serve documents.) AND worse, am I now open from some kind of attack from Tenant 1 ? (Promissory Estoppel?)
Or is it that the tenancy won't end on 11/02/2022 because Tenant 2 will still clearly reside beyond this date and all parties remain liable until vacant possession is given.
My hope, whatever the case, with only an additional month, and full co operation and support from Tenant 2, with whom I have a good relationship with and have no doubt will pay the last month's rent, I'm hoping it may end OK.
Thank you for your thoughts on this one.
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