Question

Changing the Terms (England) | During the Tenancy (England) | England

FL404 Occupation Order

20 May 2021 | 1 comment

Hi,

We have a tenanted property with a couple and their three children. The woman has now taken out a restraining order in court on the man. We have all the paperwork from the court to show that the man isn’t allowed in the property but I wanted to know if we can just cancel their tenancy and issue the woman with a new one and if we do this do we need to issue the man with some sort of notice? Or, do we need to wait for the court to come to us and tell us to change the tenancy?  They are on a periodic tenancy and it is currently in both of their names.

Thanks

Josie

Answer

1 Comment

  1. guildy

    Firstly, we don’t see any need to be doing a new tenancy at this stage. The male is not allowed to enter so that takes care of everything as far as the occupier is concerned.

    The ideal for a new tenancy would be to get written confirmation from all parties just so there’s no come back (the order doesn’t end the tenancy in any way).

    If agreement can’t be sought, as they’re in periodic, any one of joint tenants can give valid one months notice which brings the entire tenancy to an end for all.

    The occupier could give notice and then a new tenancy done in sole name from when that notice to quit ends. As long as there’s no change in the position (i.e. male still not allowed) we can’t think of any issue from that point.

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)