Is it possible to evict one of the joint tenant?

Landlord Discussion
1

I have a tricky situation here, hope it will all turn out to be fine.
But just in case the unexpected happened, want to seek advice on:

  1. Could section 8 notice serve to one of the joint tenants?
  2. How to prevent the replacement tenants moved in without prior reference check?

The contract is with two tenants, one of them visa expires and has confirmed won’t get renewed.

Wondering in the unlikely situation, if it becomes an illegal stay.
I’m obligated to report the home office and I guess I need to give section 8 notice straight away? what is the choice for the other tenant when I give section 8 notice? The one who is still perfectly legal to stay and paying the whole rent (I assume by that time) They are still in fixed term of AST, only moved in 4 months ago. (at the time, I was told the visa will be renewed. Are there any law saying the minimal visa term for AST? )

I was told they will find a replacement, but still waiting for the replacement’s visa details. Sounds like he will land in the country freshly and probably move straight in to the flat (I suspect the tenants are planning sub-letting to their friend during the time I need to sort out the contract and reference check…otherwise where they are going to stay? it’s work placement, but the company doesn’t provide them accommodation.) but I need to do the reference check before any tenant moves in. Wondering apart from insurance become void, any other complication on doing reference check after tenant move in? Also in the situation if the reference check doesn’t pass, how do I evict the person who’s not even on the contract?

Thank you

2

  1. No, you can’t evict one of a set of joint tenants. They are indivisible.

  2. You should check the current rules on right to rent, but I believe its possible to give a tenancy of up to 12 months to a person whose visa is valid at the start, even if its shortly to expire. The person should therefore be able to remain until the end of any fixed term. After that, you would need to report it to the Home Office and serve notice under the relevant S8 ground.

  3. I don’t understand why you are not taking more control of who rents your property. Why are you letting the tenant find the replacement? Accepting someone who has just stepped off a plane with no references, credit check, right to rent check etc is not something that most landlords would consider.

3 Likes
3

Thank you, David

regard 3. looks like it’s one of their colleagues already in the country waiting for visa extension. I will see. Regarding someone freshly landing in country, without credit history and previous rental reference, I thought that’s quite common for London. I normally check on their visa and work reference.

4

I have certainly taken tenants who are new arrivals without a UK credit history, but I would want to do other checks. See evidence of substantial savings and a good salary for a permanent post.