2 joint tenants, I want one to leave.

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  • 2 joint tenants, I want one to leave.

    in the case of 2 joint tenants in my property, If I give them both notice, but intend to renew with 1 of them, what happens if the 2nd does not leave?

    I had a lady who has lived in the flat for a couple of years alone. She then got a new partner so a new AST was issued in joint names. Now she wants him out as he is violent towards her.

    The AST is now periodic, so if i issue a s21, what happens after the 2 months if he wont go. If I renew the tenancy with only her, can either her or I have him removed by the police as a trespasser?

    (I imagine he will cause problems if she is not actually moving out)

  • #2
    If you (L) give Notice: s.21(4)(a) applies. The Notice period is at least two months; it must also run to/inc. an SPT month end (assuming that rent is monthly).

    If one of tenants gives Notice: the Notice binds them both. The Notice period is at least one month; it must also run to/inc. an SPT month end (assuming that rent is monthly). The other of them can take a new sole-name letting from you.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      If she gives notice it will end to tenancy for both tenants, and you can reissue her with a sole tenancy. however this is likely to lead to problems from her violent partner. He will most likley still harass her and cause problems because he knows where she lives and he will use such action as an excuse to cause problems. She needs to weight up the situation.

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      • #4
        Where a joint tenancy ends and it gets to the point where the bailiffs need to be called in, is it possible for the bailiffs to be instructed to evict one without the other? Can the new tenancy for the individual start before the joint tenancy ends, if not at what point can it start?
        I also post as Moderator2 when moderating

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        • #5
          Originally posted by Mars Mug View Post
          Can the new tenancy for the individual start before the joint tenancy ends, if not at what point can it start?
          No. That's a logical impossibility. Obviously, the new letting cannot start until the point at which the old letting stops.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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          • #6
            Originally posted by jeffrey View Post
            No. That's a logical impossibility. Obviously, the new letting cannot start until the point at which the old letting stops.
            Yes, I was just wondering when that point is reached? Is it the court judgment, i.e. before the bailiffs might need to be instructed? Can the person who is to remain have started the new tenancy before the arrival of the bailiffs?
            I also post as Moderator2 when moderating

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            • #7
              Originally posted by fps View Post
              If she gives notice it will end to tenancy for both tenants, and you can reissue her with a sole tenancy. however this is likely to lead to problems from her violent partner. He will most likley still harass her and cause problems because he knows where she lives and he will use such action as an excuse to cause problems. She needs to weight up the situation.
              She needs to go to a family solicitor for an injunction.
              PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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