Joint AST and alleged victim has left?

by Readers Question

10:25 AM, 28th January 2020
About 2 months ago

Joint AST and alleged victim has left?

Make Text Bigger
Joint AST and alleged victim has left?

We have a couple only 6 weeks into a 6 months tenancy who have split up after a domestic incident involving the police, but no charges made. The alleged attacker is believed to have had similar issues before, but I have no proof.Also that person is known to smoke weed etc but again I have no proof.

The alleged victim has left, but legally is still on the tenancy. The other party agreed to leave immediately, but then changed their mind and will not leave as they maintain they have done nothing wrong. There was some minor damage during the altercation and much noise etc.

The rent was half paid by the tenant who has left and the existing tenant has not paid further rent as has only recently got re-employed having lost the previous job.

I am unhappy about this tenant remaining there.

The tenant is starting to be difficult and says will leave when ready and has enough money. However,when asked what would help him leave he said £500 for rent and £500 for deposit. I have said he need not pay the rest of the outstanding month’s rent if he leaves at the end of the month, but he has not replied.

The ex partner is still on the tenancy and I understand legally liable despite wanting to walk away from the tenancy by paying an early termination fee.

As I understand it the two parties have to agree how or if the tenancy is to be terminated. I did ask verbally if the alleged attacker had ever been in trouble with the police, but the person did not admit anything.

How do I deal with a joint tenancy in the fixed term with one of the tenants there and rent outstanding. Also is the other tenant who has left, liable and able to terminate the tenancy without the other tenant and me agreeing?

Thank you

Andrew



Comments

Neil Patterson

10:28 AM, 28th January 2020
About 2 months ago

You can Section 8 for 2 months rent arrears, but I can only see this going one way and you should consider professional advice >> https://www.property118.com/evicting-tenants/

Darren Peters

13:09 PM, 28th January 2020
About 2 months ago

I thought that on a joint tenancy any named tenant can end the tenancy for all. It doesn't need all people to sign. Smarter minds than me on here will know.

If this is the case, perhaps the tenant that has left will be happy to end the tenancy for all. Pulling the rug from under the remaining tenant as it were.

Ray Davison

13:14 PM, 28th January 2020
About 2 months ago

Reply to the comment left by Darren Peters at 28/01/2020 - 13:09"I thought that on a joint tenancy any named tenant can end the tenancy for all. It doesn't need all people to sign. Smarter minds than me on here will know.
This is correct. So get the Tenant who has left to request an early termination, you agree to it on whatever terms you are happy with (Early termination fee etc) and then that's it sorted . Whether the other tenant then leaves voluntarily is another matter.

Steve Masters

13:58 PM, 28th January 2020
About 2 months ago

Reply to the comment left by Ray Davison at 28/01/2020 - 13:14
I agree with Ray. Tell the absent tenant to sign a letter stating he ends the joint tenancy. You agree to limit his liability for rent up to the date he signs the letter, the sooner the better for him.

You then tell the remaining tenant the tenancy has ended and collect mesne profits instead of rent and you might be able to charge double until she leaves, the sooner the better for her.

Seek professional advice.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Larger Portfolio Landlords Face Financial Oblivion Unless They ACT NOW!

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More