A landlord posted a question on our Forum recently about joint tenancies.
The landlord was faced with a dilemma when it comes to their tenants who are on a joint tenancy.
The assured short-hold tenancy started on 1st October 2017, and the tenants were now in a contractual periodic tenancy.
The tenants were a couple and they were splitting up. The landlord had served notice for the contractual period tenancy to end at the end of the month.
One of them had already moved out and was in a new property, however the other wanted to stay, as a sole tenant.
The landlord wanted to understand how they should treat the remaining tenant, and they wanted to know what their options were when it comes to possibly reissuing an AST.
Response from the Landlord Advice Team
Our Landlord Advice Team responded by saying that this landlord had several options in this scenario.
The first option for this landlord would be for the landlord if possible to get both of the tenants to sign a tenants notice of leaving, and to then return the keys and deal with the deposit for any amount owed.
The other option would be for this landlord to get one of the tenants to serve notice in line with the agreement and to provide one month’s notice, but during that one month’s notice the landlord will need to tell the tenant who is still occupying the property to either find a replacement tenant or vacate the property.
It’s important for this landlord to note that once notice has expired they will not be able to accept rent from the person who remains as they will create a new tenancy known as a contractual periodic tenancy.
To prevent themselves from suffering any financial loss they will need to complete two forms: N5 and N119.
On the forms, they will need to state the person who remains as a licensee. On the court form N119 they can apply to the courts for what is called ‘MESNE profits’.
This stops the landlord from suffering from a financial loss as a result of being unable to accept rent once the one month’s notice has expired.
The final option is to get both tenants to sign a tenants notice of leaving and then to place the person who remains into a sole contract.
- You can read the original Forum Post here
- You can learn how to complete court papers N5, N119 & N325 for possession in our guide here
- Looking for a sample Assured Shorthold Tenancy form? Check out our RLA documents centre online.