Joint Tenancy Conclusion

[SpeckledJim]

Looking for a spot of advice on this please?

Our married tenants had an ASHT agreement which has expired, and become a periodic tenancy.

Our tenants have split up and one has given me notice to conclude the tenancy, and I understand has moved out of the house.

We have discussed a new tenancy with the remaining tenant, but haven't been able to agree terms.

Does the remaining tenant's right to stay in the house end with the notice period of the original agreement, since it is the tenants who have concluded the agreement, rather than the landlord...

or...

Does the 4-month temporary covid eviction rule apply instead? As I understand it there's no eviction - simply the end of one tenancy agreement and the mutual failure to agree another to take its place.


Any advice gratefully received.

[subsea99]

I thought that ended on the 1st of June and evictions can now take place,still takes a while to get them out if they drag their heels.

[Wings]

The remaining tenant either becomes totally responsible for the total rent, or the remaining tenant gives the LL one months Notice, or the LL gives the remaining tenant a four months Section 21 Notice (see HMG's new Section 21 Noticewww.gov.uk)

As a footnote, up to 1 June 2021, Section 21 Notices had a shelf life of six (6) months, with a same Notice period of six (6) months. It is important that LL/agents intending to proceed to court with repossessions proceedings, commence legal action BEFORE the expiry period (6 months) of the Section 21 Notice

[superlightr]

Wings said:

The remaining tenant either becomes totally responsible for the total rent, or the remaining tenant gives the LL one months Notice, or the LL gives the remaining tenant a four months Section 21 Notice (see HMG's new Section 21 Noticewww.gov.uk)

As a footnote, up to 1 June 2021, Section 21 Notices had a shelf life of six (6) months, with a same Notice period of six (6) months. It is important that LL/agents intending to proceed to court with repossessions proceedings, commence legal action BEFORE the expiry period (6 months) of the Section 21 Notice

Sorry - but thats not correct.

I know Wings likes to try to be uptodate and is a DIY landlord and gives advice from a good place and many times he is generally mostly correct BUT with Lettings & the law you have to be 100% correct 100% of the time and is one of the reasons why DIY lettings is not a good idea as the legislation is changing and most DIY are not complaint or have a full understand the laws and regulations - hence why I would always recommend using a professional regulated and insured Letting Agent - if they get it wrong then you can sue them for your loss.

Its a joint tenancy and if 1 tenant gives notice then in law its on behalf of all tenants and ALL tenants have to leave as its joint.

They are all (normally) jointly and severally liable for the tenancy and if its rolling on then its continuing on the original terms they are all still jointly liable if they ALL have not fully vacated. Which is what you have. They ALL have not vacated.

If they dont ALL leave then the LL should give notice to ALL tenants via a s21. The tenant that has left is still responsible for the rent as well.

Edited by superlightr on Friday 4th June 12:25

[Wings]

No correct, if no settlement of rent tenancy agreement is reached with the remaining tenant, then the OP/LL could serve a Section 21 Notice on the remaining tenant. Of course the Section 21 would name ALL tenants named on the original Tenancy Agreement.

Agree that ALL tenants to a single tenancy are jointly and severally liable, meaning that they are all responsible for the total amount of the rent. However, it is usual that if one tenant fails to pay their share of the rent, then the other, in this case remaining tenant, pays the difference.

As for your comment "hence why i would recommend using a regulated and insured Letting Agent-if they get it wrong then you can sue them for your loss".

LL's that use an agent should bear in mind that handing over management to an agent doesn't mean they can ignore legislation and they are still liable for civil penalties, rent repayment orders or prosecution if the agent makes an error, which AGENTS invariably do

[SpeckledJim]

Thanks everyone. So it needs to be an S21 and 4 months?

[superlightr]

SpeckledJim said:

Thanks everyone. So it needs to be an S21 and 4 months?

If you didnt know the original question and are unsure on this 2nd question above this is why you should be using a Letting Agent.

This leads onto - What else do you not know and have not done in the compliance side? If there is any chance that this will go to court then you need to have your paperwork and the tenancy fully reviewed to ensure you can even give a s21

[Wings]

SpeckledJim said:

Thanks everyone. So it needs to be an S21 and 4 months?

Yes, but HMG have recently renewed the Section 21 Notice,
The new notices can be found on the government website, click on link below and then inserting in the “quick search” line “Assured Tenancy forms”. Form 3 is required for a Section 8 Notice; and Form 6A which is the current Section 21 Notice.

https://www.gov.uk

To conclude OP, why not sign up to a local landlords Association, where for an annual payment of between £30 to £60, you will receive up to date legal advice, local gossip, tenancy forms etc. etc., and/or best of all, meeting up with local landlords like myself, solicitors and building contractors etc. etc.