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Question

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

One tenant serving notice on single AST

10 Jul 2018 | 1 comment

Hello,

I am currently renting out my house to 3 tenants. They are on a joint AST. I was planning on living in the house again after returning from a spell abroad. I was on the verge of giving notice to my tenants that I would be taking back possession of the house but one of the tenants has decided to leave and given me notice. This is beneficial as I would have to give 2 months 4 days notice but the tenant only has to give 1 month so I will get the house back sooner. My question is about notifying the other 2 tenants of my intention. They are assuming that the 1 tenant is moving out and they will be staying. As the tenant who is moving out has ended the entire tenancy (for the others too) do I now only need to let them know politely that on the termination of the tenancy they will all need to move out as opposed to serving a S21 notice?
Thanks for your help?
Paul

Answer

1 Comment

  1. guildy

    Assuming you’re in periodic now, you are right that the notice from one ends it for all. You can therefore write to the others to point this out and explain you’d like the property back and you won’t be giving a tenancy to them.

    If they don’t leave though, a court order would still be required based upon the notice to quit.

    The only downside is that obtaining a court order this way is slightly more complex, mainly because many judges won’t see much of this type of claim so less familiar.

    See here for details about tenants notice.

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