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Tenancy should have ended 31 April 2020

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Author Topic: Tenancy should have ended 31 April 2020  (Read 106 times)
Newbie
Posts: 4

I like property

« on: April 26, 2020, 01:06:39 AM »

Last 15 Feb 2020  our tenants ( husband and wife )  have decided to end their AST Agreement / contract in two months time on the 31 April.  They were trying to find another place but unfortunately the Covid 19 Lockdown started in March and now they are stuck staying in the maisonette for another 3 months. We had discussed and agreed for this extension over the phone last March. In fact this month April they paid the  rent.

Today 25 April, the husband who usually pays the rent phoned my partner to say that he was leaving the property soon due to frequent arguments ( domestic violence ?) with the wife who has a 7 month old baby boy and has no job. He has also asked us to do the inventory soon.
My questions are :
1. the husband who pays the rent wants to leave the property saying their contract should have ended by 31 April.  He will leave his wife alone with the baby at the flat, who has no job and who ask to extend their stay for the next 2 more months or until the lockdown is finished. What is the best legal thing to do at this point  ???
2. Should the husband have the right to continue paying for the rent if he leaves the flat as he has ended the joint contract on the 31 April
3. If the wife will be extending till the end of the lockdown or in the next 2 more months as agreed last March who will be responsible for the rent if she has no income at all?
4. Should we have a written monthly contract for this extended few months?
5.What is our legal rights if the husband leaves and the wife over stays due to the gov't extension. Thou the rent was paid this month April too.
6.Can we evict the wife after the lockdown if she does not pay the extended rent next month whilst still in lockdown ?
7. Do we have the right to get the property back as soon as the lockdown is finished? From the 01 May they have no new contract signed.
Jr. Member
Posts: 70

I like property

« Reply #1 on: April 26, 2020, 04:20:27 PM »

Assuming that this is a joint tenancy with both the husband and wife named as the tenant.

1 - If the tenancy is periodic, the husband can give notice to end the tenancy which ends it for both him and his wife. He can't simply "unagree" the revised end date that he previously agreed. He remains liable for the full rent, as does the wife. If they are still in the fixed term he can't serve notice at all until it has ended.
2 - See 1
3 - Both tenants are responsible for all of the rent until the tenancy ends.
4 - The original agreement is still in force.
5 - A periodic tenancy should arise automatically (although it's hard to tell with the informal nature of your previous extensions.
6 - You can serve notice on the wife, but if the husband gives notice, you may be able to commence repossession proceedings on that basis alone (but you'd need legal support and a sympathetic judge).
7 - No.

There is no April 31st.
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