I have 3 joint tenants, Step father ( which I came to know today). Son informed me over the phone that they had some disputes with step father and they want to leave immediately. I’m still waiting for notice.
I spoke to step father and he wants to stay but as per their references he can’t afford the rent. He is keep mentioning that he will bring people to stay with him but I don’t want that.
What are my legal option? I don’t have rent rent gurantee or legal insurance. This is my only flat and I rented it because I had family emergency in india. The property is rented since September 2024.
Also anyone here who can refer me to any legal advisor who can provide advice economically.
A. The tenants should give you a valid notice in the normal way as specified in your tenancy agreement. Since it is now (following RRA) a periodic /rolling agreement, if one gives notice it ends the tenancy for all three. They remain jointly/severally responsible for the rent till the end of the tenancy. If the tenancy agreement doesnt say how much notice they have to give the default under RRA is 2 months plus the number of days to end on last day before a rental period
Shelter advice here
Ending a joint tenancy
You can give notice to end a joint tenancy.
You do not need the other tenants’ permission.
A valid notice to quit ends the tenancy for everyone, so talk to the people you live with first.
The notice has to be 2 months unless your landlord and all the tenants agree to a shorter notice period in writing.
B. You agree an earlier end date with all 3 tenants and mutually end the tenancy
C. You allow tenancy to ‘continue’ with new tenants ’ youll want to reference them and use the Openrent 'amend tenancy ’ option - thus actually creates a new contract and new tenancy
You dont have to agree to new tenancy/new tenants.
If one of them (the step father) stays beyond end of tenancy then you would def need legal advice on how to evict. But you arent at that point yet and most tenants do understand they have to leave wgen tenancy ends and they do so.
Thanks for your response and also the information you sent.
I spoke to the third tenant (the stepfather) yesterday, and he mentioned that he wants to stay. I assume because he wouldn’t be able to find another property with his low salary.
I have one thing in mind right now, and that’s why legal advice. The second issue you already answered that - If one of them (the step father) stays beyond end of tenancy then you would def need legal advice on how to evict.
1 - What if the other two people who will leave without giving notice, and this third person will not bother anyway, as he wants to stay.
So I am guessing in this scenario I will have to give notice?
Also, one of the concerns I have is the eviction process and expenses involved, and if anyone here has used any reliable solicitor who is a specialist in this kind of case and also not too expensive.
Just to check is property in england wales Scotland or ni ? Different laws in different places
Unless they give notice properly the tenancy continues and all 3 remain jointly/severally liable for the rent and you can pursue them for it through the courts. Just because 2 of them leave doesnt end the tenancy. Explain that to the ones who want to leave - they need to give notice or they remain liable for the rent. Even if they give notice tomorrow there is still the rent due till the tenancy ends. They cant just walk away and stop paying rent. They signed a contract.
Explain to the father in law that others can give notice and he then has no right to stay after tenancy ends, and you do not agree to his proposal to find other tenants, which would need a new tenancy contract. Share with him the advice from Shelter with the link.
If no notice given by tenants you cant ‘give notice’ to end the tenancy yourself except for specific section 8 grounds (such as selling the property or moving in yourself) and various notice periods apply see
So eg after 3 months of rent arrears you can apply s8 on those grounds (ground 8) with 4 weeks notice. If they dont move out you then have to apply for possession to the court and the whole process from application for possession up to and including eviction takes an average 8 months
(You can try earlier on ground 10 before they owe 3months rent but it’s then a discretionary ground so up to a judge whether you get possession)
Id suggest some LL training might help you
Id suggest you dont try to cut corners on legal costs but of course ask different firms. Whether you need a lawyer at all depends if father in law leaves at end of tenancy following proper notice received from the others. How much it costs depends if the father in law moves out when the notice period expires or if you have to apply to court for possession and then get bailliffs. Cheap advice will mean mistakes and delays which cost you rent. The legal costs likely to be far less than the lost rent if goes all the way to eviction by bailiffs
As said above, if the other two leave without giving notice, it changes nothing. Theyre still tenants and liable for the rent. However, it may become difficult to collect rent from them, especially if you dont know where they’ve gone. In this case, you wait for the rent arrears to reach the 3 month threshold and serve a s8 grounds 8, 10 and 11 notice one to each tenant.
You mentioned three people occupying. Are they all related? If not, you have an HMO that may or may not require a licence. This may cause complications. I would suggest a specialist eviction company in this case.
Actually, there is a one-month notice from the tenant’s side. And the lead tenant has just served the notice from OpenRent as well as by Email. So the tenancy would end by 14th August 2026.
The problem with the father-in-law is that he doesn’t speak English well, and I have always dealt with the Lead tenant. But I will do what you have suggested.
If you explain the ending of the whole tenancy to the lead tenant and explain you will collect the keys on the 14th August at a time suitable to all then this may be hopefully enough.
Calmly and professionally agree the expectation that as the tenancy for the properrty is ending on the 14th August, the tenants will receive their deposit back via OpenRent (assuming no damage and no delay in final rent or anything else to claim off deposit.)
Explain that after the 14th Aug anybody staying will be a trespasser in Law and subject to the relevant lawful eviction process.
To grease the wheels it may be worth offering a small financial incentive to leave the property on the 14th If you get good vibes/ agreement from all 3 tenants.
PS. Since 1st May 2026 and RRA Tenants must serve 2 months notice unless in your case you have agreed otherwise.
"Thank you for your notice ending the tenancy on 14th August, after which all three tenants must have left. Rent will be due up till 14th August
Let’s speak to arrange a time for return of all keys on 14th along with meter readings. If possible, please leave the flat in the same condition as when you moved in so that I do not have to claim from the security deposit, which will then make returning the deposit to you (in full) as speedy as possible
Please also provide a forwarding address
Thanks
"
and send plus a copy of the Shelter advice. Send to all three not just the lead.tenant
the contract clause you quoted says they can give 1 month plus days to end at the end of a rental period, You dont have a choice but to honour it - on what grounds would you not accept it? The 2 months only applies under RRA if there was no written agreement between tenant and LL beforehand, which is not the case
Be glad they have given notice properly it makes things much simpler than if they simply left
did you do right to rent checks properly when they moved in? That should also have involved them demonstrating that they are related - easily done with birth/marriage certificates and their identity documents.
apparently Under Section 258 of the Housing Act 2004, step-parents and step-children legally count as members of the same family. This means they form a single household for House in Multiple Occupation (HMO) purposes.
so there is no HMO issue as the 3 are considered as one family - they dont need to be biologically related
@David240
This is great. Shall I also include in this response that I am going to stay in the property with my family once you leave the property so if possible, leave the property in the same condition as when you moved in.
I am hoping all of them will leave, but if the stepfather refuses to leave, then it will make a stronger case just in case I will have to go through court proceedings.
I have done R2R check but from surnames you can not determine if they are related or not. For example Mother and Son has got different surname as well.
well maybe. if you do R2R checks you might just see that all 3 have a uk passport and that mother and father are married. You wouldnt need to ask if the daugher was a biological daughter of the father or not, exactly because stepdaughters are allowed. Even if it looked odd [eg a difference between father’s surname and mother/daughter’s surname there would still be no need to enquire
@Kenny007 might well have used an agent to do those checks, and been told the 3 all have the right to rent
@Kenny007 if father in law stays beyond 14 aug they are trespassing, Obtain possession is a different process in those circumstances from s8 grounds because you want to move in.
It wont do any harm to mention that staying beyond 14th would be tresspass and that you plan to move in on 15th. Not sure it strengthens your case in any way as presumably before notice was given you were expecting the tenants to stay beyond then anyway.
if the son was over 18 when you rent then you absolutely need to enquire because you are at risk of creating an HMO if they’re not related. As the son is on the tenancy agreement, I’m assuming he’s over 18. Not sure why you’re talking about a daughter… is that just a hypothetical?
Exactly. That’s why you need birth/marriage certificates.
I do not rent to anyone who cannot back up with documentation what they tell me in application. This simple rule has kept me in the business for nearly 30 years.
