Tenant Domestic - Kicked Door off

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    Tenant Domestic - Kicked Door off

    Morning all,

    I know I'll get some excellent advise as ever in here.

    Query remove tenant for tenancy agreement and put in to single name to due to domestic violence.
    I’ve had an incident where one of the tenants has caused damage to the property - the front PVC door kicked open the banister damaged and a radiator ripped off brackets.
    The Police were called and the male tenant was not present and had gone - the mother has 2 young children and wishes to remain in property as sole tenant
    I purchased a house at auction it had 2 names on the tenancy agreement and sitting tenants wishing to remain in property – a woman 2 small children and a male tenant who was on tenancy agreement but however was in prison.

    Circumstances
    The female partner has been great she is trying to look after her children best she can under the circumstances.
    Her partner was released from prison then the troubles started.
    Currently after a few domestics the male tenant has had a restraining order out on him to stay out of the borough.
    In view of this I’m happy to help the single mum and her mum has agreed to pay for Damage. They also want the tenancy changing to single person.
    I have a property management company I’m after alternative views please.
    Considering the male who caused the damage has a restraining order on him then he cannot by law be able to live there as the property is inside the borough he is restrained from.

    Steps to take –
    Recover cost for Damage and put right
    Change Tenancy Agreement.

    thanks

    John A

    #2
    Could you answer the questions here, so we can help?
    http://www.landlordzone.co.uk/forums...ll-new-posters
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      If the tenancy is from before 1/10/15, I might be inclined to leave as it is. Later ones are harder to evict.

      You'll see the relevance of this if your single tenant doesn't pay you any rent for six months after signing, and claims the place is 'damp' when you try to evict.

      Comment


        #4
        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 - unfurnished house

        Q3 – What date did current TA start dd/mm/yy?
        The tenancy agreement rolled over from existing landlord when I bought at auction. however the original was signed on 21/08/2013

        Q4 – How long was initial fixed term (6/12/24 months / other)?
        No End date set

        Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
        4 weekly paid by LA

        Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
        Paid an amount around February 2015

        Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

        Q8 – Does the landlord live in the same property as the tenant?
        No

        Comment


          #5
          Im happy to let the woman and children stay not evict - She is fine here kids go to local school. The father of one of the children is however the volatile one if he has a restraining order and removed from Tenancy - Id be happy.

          Comment


            #6
            What needs to happen is that the tenant who wants to remain needs to serve notice to end the joint tenancy.
            You accept that notice (which should be in line with the terms of the tenancy agreement).
            That ends the joint tenancy when the notice expires and allows you to sign a new one with the single tenant (and removes any right for the tenant to enter the property in future).
            Return any deposit you received from the partner.

            It would be sensible to agree to a new tenancy agreement with the tenant beforehand and just sign it on the day - there are new rules about things that need to be supplied with any new tenancy agreement.
            The tenant needs to be sure they will receive the same benefits as a single person and can afford the rent.

            I totally agree with JKO that there are some downsides to new tenancies, but in this case, I would think that the remaining tenant wants to be able to exclude the partner even when the restraining order ends.

            If it were me, I'd change the locks.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Reading government paper on this does not look as easy as first expected -

              Ending a joint tenancy (England)

              https://www.google.co.uk/url?sa=t&rc...9LV0fpkuvQ&sig

              Comment


                #8
                When does tenant say they 1st moved in? Might be earlier than tenancy paperwork.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Apperar to me this is all dependent on if the second tenant is in agreement to end or not -

                  http://england.shelter.org.uk/get_ad...taying_at_home

                  End a joint tenancy to remove an abusive partner

                  You can end a joint periodic tenancy (one that's not for a fixed-term) by giving a valid notice to quit to your landlord.

                  But giving notice ends your rights to live in your home and the rights of your joint tenant.

                  Before you do this, ask the landlord if they will grant you a sole tenancy when the joint tenancy ends. Get this agreement in writing.

                  Find out about rules for ending your tenancy.

                  Get advice before giving notice.

                  Use Shelter's directory to find a local advice centre that can help you.

                  Comment


                    #10
                    Originally posted by JohnA79 View Post
                    Reading government paper on this does not look as easy as first expected
                    It's simple - that's why I suggested the tenant serves notice and brings the tenancy to an end.
                    That's sufficient to end the joint periodic tenancy - which is what that document also says.

                    If the tenancy was in a fixed term, it would be different.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Thanks- The fact the current tenancy agreement has no end date on it, does this therefore render it as a joint periodic tenancy? rather that one with a end date - being a fixed term.

                      In view of this yes I read the difference and therefore this does make process easier.

                      thanks for advice JPK

                      Comment


                        #12
                        What does the agreement say about the term if anything?

                        If there's no end point at all, it's got a number of associated issues to address.

                        If it's a contractual periodic tenancy, it would make it difficult for one of the two tenants to give valid notice (in fact it may be impossible).
                        However, I'd still proceed as if it were possible and do what I suggested, otherwise there's nothing you can do at all.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment

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