Joint tenant leaving early

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    #16
    Thank you both advice. So we'll proceed in the following order.

    1. Do nothing. But let them know they are jointly liable. If she pay rent in FULL going forward. Then that great. If she only pay her half and leave the other half in arrear then

    2. Negotiate a surrender for both. If she refuse

    3. Wait until the rent in arrears = 2 Full months of rent and file a section 8 on grounds 8,10 & 11

    Regards

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      #17
      Yes, but serve a section 21 notice now as a backup in case she is 'in the know' and keeps the unpaid rent to 1.99 months.

      Incidentally, arrears, and 'unpaid' are not the same - the law specifies 'unpaid' for rent due monthly.

      Comment


        #18
        Originally posted by delta1 View Post
        3. Wait until the rent in arrears = 2 Full months of rent and file a section 8 on grounds 8,10 & 11
        No, as I explained before:

        2. Serve a s.8 notice citing grounds 8, 10 & 11 as soon as there is at least two months' rent owing and unpaid, then apply for possession after notice expiry. N.B. Not the same as arrears. For example, if rent is payable in advance on 1st of the month, and T does not pay on 1st Jan and again doesn't pay on 1st Feb, then on 2nd Feb there will be two months' rent owing and unpaid.

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          #19
          Westminster's advice - Serve a s.8 notice citing grounds 8, 10 & 11 as soon as there is at least two months' rent owing and unpaid, then apply for possession after notice expiry. N.B. Not the same as arrears. For example, if rent is payable in advance on 1st of the month, and T does not pay on 1st Jan and again doesn't pay on 1st Feb, then on 2nd Feb there will be two months' rent owing and unpaid.

          I just had to say that this advice alone is worth the cost of admission. The distinction between rent arrears and rent unpaid is crucial as it can give you a month's start - something I learned too late.

          Comment


            #20
            Point noted around the difference between arrears and unpaid.
            There has been some progress last night on this after speaking to T.
            T1 wish to surrender and T2 is considering.
            Is there a standard surrender "draft" that someone could share here which would stand up in court should if they later deny these case.

            Thanks again.

            Comment


              #21
              There is a suggested template here - but I can't vouch for it.
              http://www.consumeractiongroup.co.uk...d-of-Surrender

              Comment


                #22
                I think you'd be safer using the template provided by one of our members, lawcruncher.

                http://www.landlordzone.co.uk/forums...236#post209236

                Comment

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