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Joint Tenants separating. One left, one won’t leave, but won’t sign either

LANDLORD FORUMCategory: EvictionJoint Tenants separating. One left, one won’t leave, but won’t sign either
Joint Tenants separating. One left, one won’t leave, but won’t sign either 1Michael Aldridge asked 1 week ago

i hope you can help me with this please. we have married joint tenants who are separated and divorcing. one has moved out, and is the lead tenant with regard to the deposit.

the other wishes to stay, but is not willing to commit to even a six month tenancy, and claims they cannot afford to pay a new deposit.

The existing agreement was terminated by the tenant who has left, and the notice period ends at the end of this month.

we would prefer to evict the remaining tenant. How best to proceed, please, with regard to the existing deposit, and with giving notice to the remaining tenant?

Thank you.

1 Answers
Joint Tenants separating. One left, one won’t leave, but won’t sign either 2Sarah Featherstone answered 1 week ago

Hi , Michael failry easy question. Both tenants are liable for the tenancy. You take action against both tenants which is to serve a section 21 Notice. Even if one has moved out you still serve the notice on the property for both teannts. 

If they do not yield vacant possession back to you, then issue possession proceedings.

It does seem it is risky to offer a new teanncy to the other tenant who wishes to remain.

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