Should i accept notice to end a tenancy in arrears

Landlord Discussion Legal
1

Hi,

Unfortunately i’m new and inexperienced so please help and don’t criticise.

I have a couple in my property, she has left due to domestic abuse and he has moved a family member in without asking.

The haven’t paid rent since May 20th, the police have visited and removed drugs last week so i’m guessing he has no intention of paying going forward.

She has sent a message and notice to end the tenancy saying she doesn’t live there and doesn’t want debt attached to her or wants any further responsibilty.

Should i accept it assuming it ends the agreement for both or wait for 3 months arrears and issue a section 8?

Will it make it more difficult for me to get him out if i accept her notice before the 3 month period is up?

Thanks.

2

You need to accept the notice but make sure it is valid as per RRA notice requirements, as if it is not valid, you can still accept but only if both tenants have signed it. If it is valid, and you accept (write to both tenants) then it binds them both & he has to move out also. If he does not, he will be trespasser and this eviction is easier.

1 Like
3

@John226

  1. check the notice is valid and if so accept it. It is binding on him too and ends the tenancy. If he disputes this, send him the Shelter advice

"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."

Ending a joint tenancy - Shelter England

  1. Provided she has given notice that is as stated in the tenancy agreement it should be valid, but to be absolutely certain, get her to give notice with 2 months [ending the day before a rent payment date] in line with the default requirements in RRA.

  2. I’d have thought this shouldnt affect your ability to serve a s8 notice based on 3 months rent arrears in due course - if he disputes the validity of the notice to end the tenancy from her, that is a useful backup, in case there is any problem with her notice. However get legal advice to be certain

Good luck