Can I evict a tenant if they are not on the tenancy agreement?

Can I evict a tenant if they are not on the tenancy agreement?

10:30 AM, 20th November 2023, About 2 weeks ago 11

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Hi everyone, I really need some help and would appreciate any kind of advice or suggestions. So, I have tenants; a husband, wife and their 2 children (1 of which is now 18) who have been living at my property since 2013. It was initially done through an estate agent but after a couple of years, we ended up doing it privately.

Throughout the years we have signed/renewed tenancy agreements signed by both husband and wife however the most recent agreement that was signed only includes the husband’s name as the tenant (no other name was on the agreement not even as permitted occupants), which we stupidly signed.

I want to move back into my property as I am now retired but they now are refusing to leave unless we bring them to court. I considered serving a section 8 ground 1 but I did not give them prior notice and because of this it does not make the ground mandatory.

What can I do? Can I serve a valid section 21 that will evict all in the property considering the wife’s name is not on the tenancy agreement?

Thanks, te


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10:47 AM, 20th November 2023, About 2 weeks ago

Yes you can serve a section 21 notice even wife is not on agreement.
As the wife is not your tenant at all. Even she is living in the property she is not considered a tenant as long as she is not on agreement.

Tessa Shepperson

11:11 AM, 20th November 2023, About 2 weeks ago

If you obtain a possession order against the named tenants, then if they fail to vacate, you can instruct the bailiffs who will evict everyone they find at the property.

They are not going to stop and check occupiers' identity!

Find out more about eviction here:


11:29 AM, 20th November 2023, About 2 weeks ago

I'm not sure what the courts would make of the wife's status. I'm not convinced that she can lose her tenancy so readily just because her husband excluded her name from the replacement tenancy agreement.

If you are planning to serve a s21 notice, you should check whether it would be valid here:

I would suggest you take specialist legal advice on whose name you should include on the notice.

Reluctant Landlord

11:53 AM, 20th November 2023, About 2 weeks ago

serve S21 on the person named ONLY on the TA. End of.

It is irrelevant who else lives there. If they are not named on the TA then for the purposes of possession this is disregarded.

If you have to go down the bailiff route then they will evict everyone at the address on the day. It is about full vacant possession.


12:08 PM, 20th November 2023, About 2 weeks ago

Reply to the comment left by Reluctant Landlord at 20/11/2023 - 11:53
I had a feckless tenant who didn't pay rent for over a year, and moved someone in without permission. I eventually evicted the named tenant only, and the bailiffs sent both packing.


12:15 PM, 20th November 2023, About 2 weeks ago

I had a case where the tenant broke up with his live-in girlfriend and she insisted that she was removed from the agreement, probably knowing what his next plans were. I made a new agreement just for him but he never paid rent again. When I started legal proceedings for eviction the solicitor said I should name both of them, which I did although she wasn't on the new agreement. This wasn't questioned at any stage, even in court (not sure the judge reads the mountain of documents in any case.) On eviction day we found out he'd left weeks before (old milk in the fridge etc) so it wasn't relevant. Most tenants leave before eviction day if they have reneged on rent. The Council won't give them a place as they are deemed 'intentionally homeless' so they don't need to stay for the document from the bailiff to give to the Council.

Easy rider

13:24 PM, 20th November 2023, About 2 weeks ago

I’d use an eviction specialist.

I wouldn’t put names of non-tenants on the S8 notice. They’re not your tenants (I’d have had them as permitted occupants).

Did you do Right to Rent checks on all adults?

Reluctant Landlord

14:40 PM, 20th November 2023, About 2 weeks ago

Reply to the comment left by Easy rider at 20/11/2023 - 13:24even as permitted occupiers they are not actually listed as 'tenants' and so disregarded for S8/S21 purposes.
A PO is only there as a result of the tenant being in situ, so if they are evicted out they all go.
Same if Tenant is on the AST and they leave the property and the PO remains. Technically you still have to serve S8/S21 on Tenant as he/she is liable for the full rent until full surender of the tenancy or possession gained.
Most times if you tell Tenant they are still personally liable for the PO AND the rent until the PO leaves, the tenant is the one that gets the PO out swiftly!

Reluctant Landlord

16:08 PM, 20th November 2023, About 2 weeks ago

Reply to the comment left by Helen at 20/11/2023 - 12:15
just thinking out loud, you are under no obligation to amend or remove a tenant from an AST at their request. You can offer to end the tenancy completely IF the other one remaining is able to afford it in their own name so it is reasonable to check him our first before you agree to this.

A joint and severally liable is exactly that and both signed on that basis. I got caught out like his once too, now not a chance. They have to end the tenancy completely and both go. Worse case the one left cannot afford it at a later date and then sublets. Whole other can of worms....


8:59 AM, 21st November 2023, About 2 weeks ago

Reply to the comment left by David at 20/11/2023 - 11:29
Good advice here. I used to work for a housing association and the other partner had to serve notice before we could sign a new tenancy agreement in one name alone. You can't exclude someone from the tenancy agreement like that. I'd get legal advice on how to serve the s21 properly too. Then follow the eviction procedure.

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