2 years ago | 21 comments
Hi, one of my tenants left two years ago, but the tenancy is still in two names. For about the last six months, the remaining tenant has not paid on time, stalling, saying it’s now resolved, but continuing to not pay.
It’s clear he’s making commitments he can’t deliver on. The last payment was a month late despite saying a few times that it would be paid once he got home from work. I am now considering issuing form 6a (S21) before reforms come in.
I have the email of the tenant who left, but not the address. I believe I must issue 6a to both tenants. Tenancy does not mention email as a method of service. Must I issue 6a to both the current and the tenant who left?
For the tenant who left, presumably, I can’t issue by email, so I would need her address. Unless it’s sufficient to send it to the property, since it’s the last known address I have. I expect the same issues apply for a Section 8 notice.
Any advice would be greatly appreciated.
Thanks,
Frank
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Member Since October 2020 - Comments: 1137
3:20 PM, 21st October 2025, About 6 months ago
What does your tenancy agreement say about how tenant(s) can give notice? Does it mention email or imply it can be by any means? If so, the tenant that left may say that this was her notice to quit and the fact that you accepted it, (even though it was only a 6 day notice) made it valid. If a court agreed, then the tenancy would have ended for both tenants and the fact that you permitted the other one to remain means that you created a new undocumented periodic tenancy for the remainer. This would not be good as you would now have none of the documents in place to evict her. You would need to argue that the notice was informal as it was too short to be valid and could not bind the other tenant. Also, that you response did not accept the notice, but simply acknowledged her email. Nevertheless, you may struggle if the current tenant argues this.
At this point you might as well try a s21 notice, but if the tenant doesnt leave and seeks advice, be prepared to contact a specialist housing solicitor very quickly.
Member Since September 2025 - Comments: 9
3:44 PM, 21st October 2025, About 6 months ago
It says notices (for tenant or landlord) shall be deemed to have been served if left at the property, by ordinary post or recorded delivery. No mention of email and I now have her current address.