AST - Serving notice on joint tenants

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • AST - Serving notice on joint tenants

    Hi,

    I am just about to serve notice on my two joint tenants because I want to sell my flat. I am using the notice on this site and it says:

    "Where there are joint tenants, each tenant should be served notice"

    Does this mean that I have to fill in two separate notice forms, one for each of them, or does it just mean that I have to put both names on one form?

    Many thanks,

    Helen
    Last edited by Shirty Girl; 22-03-2010, 22:30 PM. Reason: got a word wrong - it's late!

  • #2
    Originally posted by Shirty Girl View Post
    Hi,

    I am just about to serve notice on my two joint tenants because I want to sell my flat. I am using the notice on this site and it says:

    "Where there are joint tenants, each tenant should be served notice"

    Does this mean that I have to fill in two separate notice forms, one for each of them, or does it just mean that I have to put both names on one form?

    Many thanks,

    Helen
    My understanding is that with joint tenants it is not strictly necessary to serve notice on them both separately, but some LLs do this to avoid one tenant claiming they did not receive/see the notice. It's up to you.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


    • #3
      I would put both names on the Notice, just as it is on the AST, and send one copy to each person separately. And get free proof of posting from PO.

      Comment


      • #4
        Originally posted by havensRus View Post
        I would put both names on the Notice, just as it is on the AST, and send one copy to each person separately. And get free proof of posting from PO.
        Yes. However, as both T1 and T2 reside at the premises, L could serve one joint-names Notice on both of them there.
        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).

        Comment


        • #5
          Originally posted by jeffrey View Post
          Yes. However, as both T1 and T2 reside at the premises, L could serve one joint-names Notice on both of them there.
          I would get them to both sign additional letter attached to Section 21 confirming 'receipt and acceptance of Section 21 Notice'. LL keeps this signed dated letter....no arguments then about who served or when etc. Water tight.
          Provided you live near bye. If not maybe get a local agent to do similar.
          Chas

          Comment

          Latest Activity

          Collapse

          • Landlord asks that T to pay deposit protection charge each time we renew AST
            JP23
            Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

            Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

            Is our landlord acting in questionable faith by asking us to pay...
            23-07-2017, 04:18 AM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            Lvkn
            Hello
            i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
            23-07-2017, 20:27 PM
          • Excessive estate agent fees
            Cml241
            I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
            21-07-2017, 16:26 PM
          • Reply to Excessive estate agent fees
            Wright76
            If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

            Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
            ...
            23-07-2017, 19:11 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            jjlandlord
            Fees for 'renewing' will not be in the tenancy agreement because they are not fees of the tenancy and are freely negiotiated.

            The landlord should simply charge an admin fee to renew and set it to include all his costs...
            23-07-2017, 19:02 PM
          • Structuring a deal - Purchase Option/Overage Agreement?
            pdmalik
            Hello,

            There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
            23-07-2017, 16:52 PM
          • Reply to Structuring a deal - Purchase Option/Overage Agreement?
            mariner
            Make the owner an offer to purchase.
            23-07-2017, 18:46 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            Wright76
            There is no charge and it doesn't need reprotecting if it's in a custodial scheme. If it's in an insurance based scheme then landlord is holding it and can be claiming interest on it, it's therefore very cheeky but not illegal to pass the cost onto you.

            Ask him if he can use a custodial...
            23-07-2017, 18:45 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            KTC
            Yes, but if we're talking renewal, then it'll inevitably be in it.

            Is it insured or custodial. Insured, meh. Custodial, wholly unreasonable....
            23-07-2017, 18:33 PM
          • Deposit at the end of AST. Also, quiet enjoyment.
            scooter08
            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
            England

            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
            AST

            Q3 – What date did current TA start dd/mm/yy?
            12/04/2015
            ...
            21-07-2017, 15:06 PM
          Working...
          X