Joint Tenancy ending


We had a couple on a Joint Tenancy agreement, relationship ended and one party wanted to exercise the break clause, which we did, the tenancy technically ended on the the 31st July (6months), the other half of the tenancy, enquired about staying we put forward a new contract, which they won’t sign, and have not moved out, they have given us several dates they proposed to move out, but these keep getting pushed back, and rent remains unpaid since. The tenant that left is pushing for the return of the deposit, which I am reluctant to return until this is sorted out.

Any ideas on the correct procedure?

Assuming that your tenancy agreement allows one tenant to serve notice under the break clause, then the procedure depends on what youve done since 31 July. Their tenancy ended and not just technically. At that point anyone remaining became a trespasser and could have been excluded whilst they were out by you changing the locks. If you didnt want to do that, you could have applied immediately to court for an order to remove them and charged them a daily occupation charge at double the former rent.

Whether that option is still available to you depends on your actions. If you have behaved in a way that a court might interpret as accepting the remainer’s occupation, such as demanding rent, implying they could stay until a new contract was agreed etc, then that option is now lost and its very possible that you have created a new, undocumented periodic tenancy, which would not necessarily be on the same terms as before as its not the same Tenant, (ie, not both of them).

I think you will need legal help to check all this and get them out.

Do you think I should return the deposit, this then would leave me with the possibility of no rent or deposit for remedial works etc. We did send the remaining tenant a new contract, which required a guarantor, but they didn’t sign it, and now promised to leave twice but still remain?

As I said, you will need specialist advice on the next steps. Ive used both Anthony Gold and JMW Solicitors and both are excellent.