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Question

Joint and Several Tenancies (England) | Tenant Wants to Leave (England) | What to Do if Tenancy Is to Continue (England)

One tenant wants to leave

18 Jun 2020 | 3 comments

We have had a tenant advise us 4 months into a 6 month AST that they intend on vacating. Its a joint tenancy and the other party doesn’t want to leave.

If we accept the other party wants to stay do we need to issue a new AST and prescribed information. The deposit is currently registered jointly with the DPS or is it best to accept this as notice from both that the tenancy will end at the end of the initial fixed term?

Answer

3 Comments

  1. Imported

    13/06/2019 5:08 pm

    A notice during the term is only valid if it’s from both. It’s only once periodic that one of multiple can give notice.

    Therefore, the notice is invalid.

    Or, if you decide you don’t mind, you would need to do a new AST in the single name and the deposit would need unprotecting and re-protecting in the single name.

    guildy

  2. Imported

    28/06/2019 2:38 pm

    If the tenant subsequently issues notice once the tenancy is periodic and the remaining tenant that wants to stay doesn’t earn enough to cover the rent what would our options be?

    Property2008

  3. Imported

    28/06/2019 5:54 pm

    Assuming you wanted the one who remained to leave, you would need a court order. The court order can be sought on the basis of the notice to quit issued by the tenant.

    Please see this article for details.

    guildy

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