I issued a section 21 notice in April to my tennant as I want to sell the property. Since issuing the notice my tennant had split up with his wife and has moved out of the property leaving his wife and children still living there. His wife is not on the contract and I have been told it will be more problematic getting them evicted. Is this true? I realise the section 21 notice is expiring soon(12th October), is there enough time to issue the forms to court?
From Shelter…
Assured shorthold tenancies
The position is the same as for assured tenants except that it will be very easy for the landlord to evict the non-tenant partner once any fixed term ends (or after the first six months for periodic tenancies) by giving two months’ notice and obtaining a court order. No grounds for possession need to be proved and the accelerated possession proceedings can usually be used.
The husbands tenancy continues regardless of him moving out. I suggest you contact him and let him know that hes still responsible for the rent and if he wants to avoid being sued, he should give you a valid Notice to Quit. This will end the tenancy and the wife would have to move out or become a tresspasser. I believe that in those curcumstances you can change the locks whilst theyre out to exclude them, but I would suggest you seek legal advice before doing that.
If he wont serve you notice, you will have to apply to the court for a possession order asap, (assuming your s21 is valid) and direct everything to him. Dont accept rent from the wife or you could make her a tenant.
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