Joint tenancy - One tenant gives notice

[jjlandlord]

There is no mention of the word 'deed' in the guarantor agreement.

This means it's not a deed.

[Dinkum]

Was the guarantee executed as a deed?

Not sure is the honest answer. There is no mention of the word 'deed' in the guarantor agreement. The agreement is signed by our agent and witnessed by our maintenance manager. The agreement was drawn up by our letting agent using a standard 'LetLink' agreement. There is also a letter signed by the guarantor that she has read and received a copy of both the tenancy agreement and guarantor agreement. I don't want to start a legal process if there are questions around the validity of the guarantor agreement.

[westminster]

Well, you're nearly there in terms of regaining possession, so that's good.

Was the guarantee executed as a deed?

[Dinkum]

Hello all. Firstly a thank you to everyone for their advice and input.

We followed the advice as given and have been successful so far. We served a Sec 8 notice on the tenant for rent arrears and continuous late payment of rent. We finally got in front of the magistrate at the end of November. She granted us possession. We'd asked for 14 days but she said she wouldn't evict a tenant before Christmas and the CAB advisor wanted 56 days. She granted the tenant 28 days which ironically expired on Christmas day.

We attended the property after notifying the tenant that we would be doing the checkout on the 27th and to let us know if he was moving out. He never contacted us and when we arrived, he was still in residence.

We now have a date from the bailiff for eviction at the end of January. Hopefully that will be the end of that part. Now I just need to go after the guarantor for the 3.5k rent outstanding.

Once again, thanks for the advice.

[westminster]

Excluded occupier is another form of trespasser then?

No. An excluded occupier is an occupier with a tenancy or licence and who shares accommodation with the landlord.

[westminster]

"This is a letter to inform you that I have left my husband and the premises at ... as of 6 August 2012. I will try and come to some arrangement over the rent arrears that is owed to you. Sincerely"

The above does not amount to a notice to quit. There is no mention of bringing any tenancy to an end and no period of notice or expiry date is specified. It amounts to no more than an announcement that she no longer resides at the property.

I agree; therefore the joint, statutory periodic tenancy remains in place.

@Dinkum, if the wife had given written notice to quit, then it would have ended the statutory periodic tenancy at notice expiry. But she hasn't given notice to quit.

A surrender is a different ball game - for there to be a surrender of a tenancy, both the tenant and the landlord must agree, and in the case of a joint tenancy, both/all tenants are 'the tenant', not just one of them.

[Lawcruncher]

A surrender can only be effected by all the tenants acting together. As it stands, the couple are still your tenants.

[Dinkum]

The above does not amount to a notice to quit. There is no mention of bringing any tenancy to an end and no period of notice or expiry date is specified. It amounts to no more than an announcement that she no longer resides at the property.

Thanks for that. I would have thought that if a tenant vacates a property and informs you of this, they have in fact surrendered the tenancy?

If this is not the case, do I then accept a tenant who cannot afford the rent and serve a section 21 notice?

[Lawcruncher]

"This is a letter to inform you that I have left my husband and the premises at ... as of 6 August 2012. I will try and come to some arrangement over the rent arrears that is owed to you. Sincerely"

The above does not amount to a notice to quit. There is no mention of bringing any tenancy to an end and no period of notice or expiry date is specified. It amounts to no more than an announcement that she no longer resides at the property.

[Dinkum]

Contents of letter:

"This is a letter to inform you that I have left my husband and the premises at ... as of 6 August 2012. I will try and come to some arrangement over the rent arrears that is owed to you. Sincerely"

Check out was today and they have not moved out. So much so, the wife was actually there for the checkout!

Do I proceed to county court tomorrow?

[Lawcruncher]

On the 6th of last month, the wife informed us, in writing, that she was moving out and she was terminating her part of the agreement.

I think we need to know exactly what the wife's notice said as from the above it sounds like the notice may be ineffective.

[Dinkum]

What are the correct court forms to use to evict the tenant please?

[jta]

Once the tenancy has ended then any money you get for rent can be considered 'mesne profits'. Put this in a written note to the remaining tenant so there is no misunderstanding.

[Dinkum]

Did the husband pay any rent to you/your agent since the wife's notice expired?

No payment has been made yet. Their notice period ends on Monday, 10 Sept. We are scheduled to do the check out at noon.

[Dinkum]

Excluded occupier is another form of trespasser then?