Section 8 and Joint Tenants

by Readers Question

8:04 AM, 31st July 2017
About A year ago

Section 8 and Joint Tenants

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Section 8 and Joint Tenants

Section 8 and Joint Tenants

I rented a property to joint tenants (couple) who are now in a statutory periodic tenancy. Approximately about two months ago one of them was arrested and ordered not to go anywhere near the property or to have and links with the remaining tenant in the property.

More recently, the rent owing is more than two months in arrears and I want to serve a section 8 notice. The question is: Do I put both the tenants names on the notice, or do I only put the name of the tenant who is residing at the property and if I need to serve the notice on both of them, do I use two separate section 8 forms?

Further to the above, I do not have any contact details of the tenant that has left the property and he would not be able to go to the property to check his mail so, do I still serve the notice at the address that was rented to the joint tenants?

I have only been informed of the arrest and court order from the remaining tenant and have no reason not to believe her.

Another question that arises is, if the tenant who is no longer residing at the property is still responsible for the rent and any other related costs that may arise in respect of the tenancy?

Thanks in advance for any guidance offered

Clint



Comments

Luke P

10:26 AM, 31st July 2017
About A year ago

Why would you risk a s.8? Just serve a s.21 and take the jurisdiction away from the Courts, then re-sign the 'good' tenant should you wish. I would guess that both tenants are jointly and severally liable for rent & costs.

Clint

13:22 PM, 31st July 2017
About A year ago

Reply to the comment left by "Luke P" at "31/07/2017 - 10:26":

The reason I prefer to serve a section 8 is because I believer that any tenant that does not pay rent should not get away without a CCJ so that he or she does not do the same thing again with a new landlord. Rightly or wrongly the joint tenant who was ordered to leave was always the one who paid the bills and was up to date with his rent and a very polite man.

I do also intend to serve a section 21 notice but once again the same question arises as to whom do I serve it to.

Yes both tenants are jointly and severally liable for rent & costs but does this also mean that I can serve a section 8 and or a section 21 to only one tenant?

Mark Leach

18:01 PM, 31st July 2017
About A year ago

I think Lukes answer is the way to go. If both names are on the tenancy document the Section 21 should be served in one document to both of them and then you can still do a CCJ to recover any debt. Personally I wouldn't bother if the rent is not being paid when they are in residence its unlikely to be paid after they've gone !!
Best Mark

Graham Bowcock

8:53 AM, 1st August 2017
About A year ago

Dear Clint

If two people are named on the tenancy then any notices or legal documents should be addressed to both of them. If the only address you have for both of them is the property then that is the address you should use. A tenant should notify a landlord of any change address for service of notices in writing (the same as a landlord does), although that would be anomalous for an AST where they should be living in the property.

Using an address based on hearsay is dangerous and may result in your notice being invalid. You could send a copy to an alternative address (belt and braces, making it clear what you are doing) although I suggest you deal with the original as per the tenancy agreement.

Graham

Clint

10:20 AM, 1st August 2017
About A year ago

Reply to the comment left by "Graham Bowcock" at "01/08/2017 - 08:53":

Thanks Graham. That is what I was going to do. Do you know if two separate notices have to be sent i.e. one for each of the joint tenants or can I put both names on the same notice?


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