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Question

Joint and Several Tenancies (England) | Tenant Moves Out (England)

Permitted to stay

6 Mar 2018 | 1 comment

My tenant has just given me notice that he wants to end the tenancy so has given me 4 weeks notice. He has already left the property as he has split up with his girlfriend that also lives at the address. He is the only person listed on the agreement and his girlfriend is listed as permitted to stay. His girlfriend and her children are still at the address and she is asking me to write an eviction letter to her so the council will rehouse her. Where do I stand in 4 weeks time and how do I remove her from the property? The tenant has told me this via a text message so does this count as his notice to leave in writing or does he need to do this via email or letter?

Answer

1 Comment

  1. guildy

    You shouldn’t serve a section 21 (2 months notice) on the occupier because that would imply she’s a tenant which you don’t want to do at this stage.

    You could do a letter explaining that she is not your tenant but the actual tenant has given notice and if vacant possession isn’t provided upon expiry, a possession order from the courts will be sought. The same letter should ask her to have left by the date of the tenants notice. That might be enough to satisfy the council (although they will likely require the order and bailiffs).

    All your dealings should only be with the actual tenant and you can point out if vacant possession isn’t provided at the end of the notice, court fees may become payable by the tenant and also double rent may be payable until you’ve got the property back.

    It’s unclear whether a text is sufficient or not. It would be better if you could get the notice in writing or at a push by email especially if it might need to be replied upon for a court order.

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