UK Landlord Forum / Life

My joint tenant contacted me today to ask me to change the tenancy to that of his partner as they are splitting up. I have no intention of changing the tenancy as she is not working and has two children and would not be able to afford the rent. The tenancy is assured shorthold which has now expired and is now on a month to month rolling basis as per terms of tenancy agreement. Am I within my rights to end the tenancy ? I was thinking of selling anyway.

You can end this tenancy, be aware if you serve a new tenancy you cannot evict via a S21 in the first four months

Thanks Shereen. Thought this was the case. So as long as I give them notice  ( 1 month from due date of rent) I can end the agreement. In the meantime I assume the remaining tenant can claim housing benefit and income support based on the jt tenancy still in force. I think that is the reason he wanted to change the tenancy to a single one to enable his partner to claim benefits. hes probably unaware she can do that anyway as a jt tenant even if he has moved out.

Your tenants can give you one month's notice, but you'd have to give them a minimum of two months for a Section 21 (and assuming you've protected the deposit etc etc).

Thanks Simon, yes it was a typo in the original two months notice not one. Incidentally would I have to invoke section 21 (which seems like a threat) If I was just selling the property and giving them 2 months notice. Had been thinking of this recently anyway.

thanks,

Bill

A Section 21 isn't a threat: it's just the correct way for a landlord to end an AST. There's nothing to stop you explaining what you're doing and why in a covering letter or in person, but you do need to serve the official document. Otherwise in two months' time your tenant will be under no more obligation to leave than she is now.

Given her circumstances, she won't find it easy to find a new home to rent in the private sector, and the council won't treat her as a priority if she goes before she's pushed, so if you want her out, you'll have to do it by the book.

Realise that but the wording seems very heavy handed to me.  Considering a new tenancy for her IF she can get a guarantor for the rent. To be honest based on figures to rent and run the house she more than likely wont be able to afford it and will run into debt in my opinion. Seems best option for me is to end the tenancy but it leaves a sour taste. Then again Im not a social worker .Awkward situation whatever the outcome. I also have suspicions this may not be a GENUINE split so again maybe best option is terminate tenancy

I do sypathise,you are a decent person and it is hard not to think "there but for the grace of God...." Sadly,the saying "No good turn goes unpunished" also springs to mind.Do not even entertain the idea of trying to get a guarantor-just don't!
Also,I have heard of people pretending to split,in order for the partner with the children to get a council house,then hubbie moves back in.I have made the mistake in the past of getting caught up in tenant's problems,never again.Follow the advice above to the letter,and turn the volume down on your guilt.