Can you remove a difficult tenant from an agreement?

by Readers Question

3 years ago

Can you remove a difficult tenant from an agreement?

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Can you remove a difficult tenant from an agreement?

After all my years in the industry, I am sure I know the answer to this already but just thought I would pick your brains. Can you remove a 'difficult' tenant from an agreement

Is there any way of removing one tenant from a joint tenancy ?

The tenant has been obstructive and abusive towards his partner, not contributing towards the rent and Police have recently been regularly called to the property.

He has been cautioned and told that an injunction will be taken out against him going near the property if he should return or behave unreasonably.

Is there a way of removing this tenant ?

He refuses to sign an addendum, and the only way we can think to bring this to a conclusion is to serve a Section 21 (periodic) on both and create a new agreement with the remaining tenant.

Any ideas please?

Nikki

Comments

Mark Alexander

3 years ago

Hi Nikki

With the cooperation of the tenant that you want to keep there is a much quicker an effective way to deal with this.

Where a tenancy is joint, if either tenant serves notice the other is bound to it.

On that basis, the tenant you want to keep could serve 30 days notice to quit, move out for a day and move back in the day after with the benefit of a new tenancy.

If the other half then turns up she can obtain the injunction at that point.
.

Michael Barnes

3 years ago

Reply to the comment left by "Mark Alexander" at "24/03/2015 - 19:56":

Why the need to move out?

Surely if valid notice has been given and a new tenancy agreement signed, then that is all that needs to be done (apart from sorting out the deposit).

Michael Barnes

3 years ago

Reply to the comment left by "Michael Barnes" at "25/03/2015 - 11:10":

Oh, and don't forget to change the locks when the new tenancy starts.

Ian Ringrose

3 years ago

But what if they make up, and break up, and make up every few days.

I don't think I would risk a new tenancy, as it stops you using a S21 for 6 months. The Police can take out an injunction without one.

(And who is to say that the next boy friend will be any better.....)

Nikki Palmer

3 years ago

Reply to the comment left by "Mark Alexander" at "24/03/2015 - 19:56":

Thanks Mark.
With the 'joint and several' terms of the agreement does this then mean that the tenant remaining in the property can just sign the addendum and the terms of that then come into force to remove the other?

Romain Garcin

3 years ago

If you are so inclined, what you can do, as suggested and assuming that the tenancy is periodic, is to prepare a notice to quit and a new tenancy agreement starting the day after the expiry of the notice to quit then have the remaining tenant sign both.
That way there would be a seamless change of tenancy.

But:
- you would need to deal with the deposit,
- and, as mentioned by Ian, you wouldn't be able to use section 21 for 6 months on the new tenancy.

It would also probably be best not to interfere with the change of occupation. There is nothing you can do about that anyway.

Personally, I would stay out of it altogether or evict everyone.

Mark Alexander

3 years ago

Reply to the comment left by "Nikki Palmer" at "25/03/2015 - 11:54":

I don't think it can, sorry.

The agreement must end, otherwise the other guy still has rights to occupy.
.

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