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Question

Joint and Several Tenancies (England) | Landlord Wants Tenant to Leave (England)

One of 2 tenants giving notice in periodic tenancy.

28 Mar 2017 | 1 comment

I believe if a tenancy is periodic, one of the joint tenants can end the tenancy with written notice even if the other doesn’t.
But does that actually mean the tenancy has ended? Because if so surely the landlord could apply for a bailiff without getting a court order.

Answer

1 Comment

  1. guildy

    You are right that where one gives notice, it ends the whole tenancy.

    However, because they are a former tenant, a possession order is always required due to section 3, Protection from Eviction Act 1977:

    (1) Where any premises have been let as a dwelling under a tenancy … and—

    (a) the tenancy (in this section referred to as the former tenancy) has come to an end, but

    (b) the occupier continues to reside in the premises or part of them,

    it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.

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