UK Landlord Forum / Life

I have two joint tenants who share.  They wished for their Shorthold Tenancy Agreement to go periodic after their Agreement ended.  One of them now wishes to leave, but the other doesn't but cannot afford rent by herself.  She also doesn't want anyone to move in.  She has asked me to evict her, but I have no grounds to do so,  she says she needs that to be able to go to the council to try and get them to house her.  Not sure what I should do.? 

That's not how council housing work.....

What you should do is just say no.

An applicant for council house don't get to queue jump because they're being evicted from their private rental. Even if the person's circumstances is such that the council is obliged to help, in practice we are talking about emergency housing - a roof over their head, that's hostel & B&B etc. which may be outside of the local area hundreds of miles from where they are now. And that's after the landlord have gone to court, gotten possession order, warrant, and instructing bailiffs. The cost of which as landlord you would obviously ask the court to award against the tenant.

Asking to be evicted is also making themselves intentionally homeless, which mean the council won't help her at all. It's the same if she falls behind on the rent because she can't afford the place by herself and don't want to share with anyone else. Make it clear that in such circumstances you will get a CCJ against her, and also inform the council etc.

I am assuming they are on one single contract as joint tenant. If at least one of them is still there after the fixed term ends, then the statutory periodic tenancy that arise has them ALL as joint tenant. They would all be equally liable for the rent. After the periodic tenancy starts, any of them could serve notice to quit to end the periodic tenancy for everyone, but it does in practice mean the one wanting to leave are stuck for at least two periods before they can get out.

Many thanks for your detailed response.  It is such a minefield when dealing with atenants and the housing laws.

Thank you again.

Quote from: KTC on August 21, 2018, 10:25:17 PM
They would all be equally liable for the rent. After the periodic tenancy starts, any of them could serve notice to quit to end the periodic tenancy for everyone, but it does in practice mean the one wanting to leave are stuck for at least two periods before they can get out.

Two periods? On an SPT? Shouldn't it be one period?

Quote from: davett on September 14, 2018, 04:55:22 PM
Two periods? On an SPT? Shouldn't it be one period?

A common law notice to quit must be of at least one complete period of the tenancy. Section 5(5) of the Housing Act 1988 void any purported notice to quit given before or on the first day the statutory periodic tenancy is deemed granted. By the second day of the first period of the SPT, there's not enough time for a notice to quit to end the tenancy at the end of the first period.

I’m not sure that I would agree with refusing the eviction.
If you say one tenant is moving out and the other can’t afford the rent and you don’t ‘help’ her to get out then where do you think this is heading? 

It will end up with arrears, you losing out and then having to evict anyway. 

If the fixed term has ended (per your first post) then if you have a valid s21 you don’t need any grounds to evict (hence I don’t follow your statement about not having grounds).

You are holding on to a potential problem when you have an opportunity to get out now.

Admittedly the likely scenario is tenant will go to council claiming eviction, the council will tell her to stay put despite rent arrears and wait for the bailiffs (post court process). 

Your slippery slope is being greased...don’t close your eyes to this situation ...get ahead of it.
Threatening a CCJ or indeed telling the council what she has asked for isn’t going to somehow make her able to pay the rent...

Best of luck

Quote from: KTC on September 14, 2018, 10:08:32 PM

Quote from: davett on September 14, 2018, 04:55:22 PM
Two periods? On an SPT? Shouldn't it be one period?

A common law notice to quit must be of at least one complete period of the tenancy. Section 5(5) of the Housing Act 1988 void any purported notice to quit given before or on the first day the statutory periodic tenancy is deemed granted. By the second day of the first period of the SPT, there's not enough time for a notice to quit to end the tenancy at the end of the first period.

Ah I see. If the first tenant moves out before the end of the fixed term, have they discharged their liabilities or does the other tenant remaining in the property force the first into the SPT?

It is my understanding and opinion that a periodic tenancy will arise pursuant to section 5(2) of the Housing Act 1988 if at least one joint tenant are still in possession at the end of the fixed term. Not everyone on the internet agrees, but I have yet to see any reported court case, textbook etc. that disagree with that. If a statutory periodic tenancy does indeed arise, then the persons who were tenant when the fixed term ends is the tenant of the periodic tenancy that arise immediately after, so all of them even if one or more of them are no longer living there.