Helping Good Lead Tenant by Evicting Bad Tenant

Helping Good Lead Tenant by Evicting Bad Tenant

9:56 AM, 18th December 2014, About 9 years ago 2

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How do I support a very good Lead Tenant who wants bad Tenant 2 and her abusive partner (not a tenant) out of my property? Helping Good Lead Tenant by Evicting Bad Tenant

We are talking about a large 2 bed high-end apartment, 6 month AST started September 2014, with Good Guy named as Lead Tenant. Lead Tenant’s father is Guarantor (tenant is self-employed) and Council Tax & Utilities are (reportedly) in Lead Tenant’s name.

Bad Tenant has already contravened AST by moving a dog into the property against the wishes of Lead Tenant and breaking a clause expressly forbidding the keeping of any animals. I have received complaints made by neighbours from my (estate) management company and my demand that the dog be rehomed has clearly not been met.

Lead Tenant, Guarantor & Landlord all agree to work together to replace Tenant 2 with a more suitable candidate. How exactly should we go about this?

Lead Tenant fears aggression, non-compliance and possibly reprisal and has notified me today, requesting assistance.

Any helpful suggestions will be much appreciated.

Thanks in advance

Bella


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Comments

Mark Alexander - Founder of Property118

9:57 AM, 18th December 2014, About 9 years ago

Romain Garcin

13:02 PM, 18th December 2014, About 9 years ago

First of all, in a joint-tenancy there is no such thing as a 'lead' tenant. The terminology is used by deposit protection scheme as they understandably want a single point of contact to deal with deposit matters.

In essence, there is not much special you can do if the 'bad' joint-tenant does not want to leave on his own accord.

You can use the standard s.21route and enforce the possession order, which would lead to everyone being evicted.
Once the tenancy is periodic the 'good' joint-tenant may end the tenancy by serving notice to quit, but you will still need a court order to evict if the 'bad' joint-tenant does not go, I think.

In either case, you would of course be free to grant a new tenancy to the 'good' tenant and to let them back in right after eviction.

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