How to serve a Section 21 notice when tenancy is in two names but one tenant has left?

The way I understand it is the tenant that left is still legally responsible for the rent despite leaving as they were never formally removed from AST. Service by email is acceptable if stipulated in AST. You need to check that your S21 would be valid (Nearly Legal) has a good flowchart. You can use UK Tracing to find tenant and see if they can persuade the current tenant to pay up otherwise they could be liable. I wouldn’t have left it as long as you have and suggest you use an eviction specialist rather than attempting yourself. If they don’t pay do us all a favour and get a CCJ (even if no chance of getting money) to give the next landlord a heads up. Good Luck

Reply to the comment left by Jason at 17/10/2025 – 08:13
Sorry my typo, tenancy does not mention email as method of service.

I don’t think it really matters as it’s a joint tenancy so as long as notice is served in both names on a single notice at property address via recored or served in person and proved then I think it’s a moot point. In any event don’t take my word for it and use an eviction specialist. But I strongly suggest you trace the abscond tenant first before S21 as you may need to contact them to explain the lack of rent and potential responsibility they still bear.

How did they leave? Did you agree to the going? Did you amend any of the paperwork or create a new contract? These factors determine what you should do now.

She sent an email and I said thanks for letting me know and good luck. I should have said only if they both give up tenancy and new one created for just one. However I didn’t, so no change to tenancy which still has both names. As one comment, I’m thinking it may be sufficient to serve in both names at the property since tenancy say last known address which it would be if I don’t have her address.

Check your Tenancy Agreement. Is it jointly and severally?

Did you not have their bank details at the commencement of the tenancy? Could send the s21 c/o of their bank.

Did you not update the deposit protection as both tenants are entitled to equal share of any deposit remaining?

Doesn’t the remaining tenant know their whereabouts? Try Nationwide Tracing to find the vacated tenant. No find No Fee.

Sounds a mess? Get proper legal advice. No wish to offend, after all lawyers are expensive, but it will be a false economy to go through this alone.

Use an eviction specialist, solicitors possibly haven’t got the specialist know-how required in this instance. Probably bit cheaper too!

If the tenant that left told you they were leaving (email, letter or even verbal-but that is less strong) then the tenancy should have ended and BOTH tenants should have left. Sounds like you let the remaining tenant carry on living there – presumably you didn’t amemd any agreement or issue a new one, so in effect you created a new tenancy.

As per the advice given you need to talk to a specialist who has seen all this before – DO NOT use a solicitor at this stage as they are just letter writers and generally do not have enought real world experience of this situation.

Talk to someone like Landlord Action (others are available !)

The one who just left was still a tenant as the tenancy hadn’t ended. However, your comment when she left probably excused her from any further tenancy obligations.

I would agree that you should serve notice on them both, but I dont think you will get away with serving just notice at the property as you know she is not there. You can email it, but I think you should also attempt to find her and send it through as many mediums as possible.