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Question

Ending a Tenancy (England) | England | What to Do if Tenancy Is to Continue (England)

Disagreement between tenants

13 Oct 2022 | 1 comment

We have let a property on an 6 month fixed AST 8 months ago to three  tenants. One of the tenants is acting irresponsibly by repeatedly leaving the front door open, a major security concern, and blocking sinks etc. The other two tenants, who have been renting the property for the last 4 years would like her to leave but she refuses to do so and so far continues to pay her share of the rent. We would like to retain the two tenants if possible.

What are our options please?

Answer

1 Comment

  1. guildy

    You would need to serve a section 21 (2 months) notice on all of them and, if needed, seek possession through the courts if the one didn’t leave. Any order would be against all of them, but once everything has been through the process, you would grant the ones who are remaining a new tenancy just in their names.

    Another option is for any or both of them who wish to remain to give you notice to quit. The problem is that it would end the tenancy for all of them, and you’d still require a court order for possession if the one didn’t leave. Whilst the order was ongoing, there would be no tenancy which makes things tricky, whereas the section 21 method doesn’t end the tenancy until the order is enforced, so a better option.

    Hopefully, the service of the notice alone will be sufficient, and an order won’t be needed.

    You can see more information about getting possession here.

    When ready for the notice, download it via the wizard here.

    (All links go to the new website launching soon).

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