UK Landlord Forum / Life

Hi
3 weeks ago I contacted my female tennant (say tennant 1) to discuss late rent and my intention to visit the property to collect  as it was 20 days late. Her joint tennant and partner ( tennant 2) has never been the best comunicateor. She said she could only speak for herself as she wasnt there but after a problem involving the police she had left the property and would not be returning. She said she was unsure of tennant 2s intentions as they had ceased communicating. She said she was currently removing her belongings and would be for the next week and would hand in her keys after she had cleaned and painted.
That night I went to the property and found the back door open. Tried to phone tennant 2 no reply. Had the locks changed the bext morning and advised tennant 1 that she had to contact me to arrange a time for me to let her in to collect her belongings then I inspect the house . Its a mess; needs repainting carpets cleaning and most of furniture is gone. 
I serve a section 21 to both tennants. Tennant 2 at his father's adress. 
Tennant 1 collect s her things leaving only her exs behind. This constitutes some clothes a cellar full of tools and some hobby helicopters. 
I declined her offer to clean and paint as she has three children and I dont have time to wait for her to do it. I had the professional s in and intended to bill them for it in court.
2 weeks later tennant 2 contact s me to say hes been to my property and the locks have changed and where can he collect his keys from. He states that hes been staying with a friend to clear his head and allow tennant 1 chance to leave. He says of ciurse there s no furniture shes took it all and says he now wants to move back in and live there even though he is a month and 10 days behind in rent. Surely not. Ive heard nothing from him.  The rents late, ive cleared the house and had it redecorated and had the letting agents in. He says he doesnt care if shes told me she's left he never did. Please tell me he cannot do this

If it is a fixed-term tenancy the tenancy cannot be ended early unless all of the joint tenants agree and either:

1.) the landlord agrees that the tenancy can end early (this is called a 'surrender'), or
2.) there is a 'break clause' in the tenancy agreement, which allows the tenant(s) to give notice and leave early.

If it is a periodic tenancy, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. However, the landlord must be given a valid written notice.

I'm afraid that if you haven't obtained a possession order or the tenant/s (depending on whether the tenancy is fixed or periodic, as said above), any eviction is unlawful. Possession or forfeiture by written notice are the only ways a tenancy can end. Tenant Two is still your tenant by law.

You need to give him a new set of keys and let him back in, or you're at risk of prosecution. Issue a S8 or S21 as soon as possible, and do things through the proper channels. I hope you haven't already signed an AST with new tenants, as you'll also be liable for breach of contract with them if they can't move in on time.

I know it's bad form to trumpet my own content on my first post, but I wrote a very relevant blog a couple of weeks ago about vanishing tenants, abandonment and implied surrender, which you can find here. Hopefully you can avoid making the same mistake again.

I hope you can sort the situation out soon. All the best.
B