Ending tenancy early but paying for full month?
3 years ago | 46 comments
Tenant changed locks and not left property after end of tenancy?
9:27 AM, 6th February 2023, 3 years ago
16
Hello, My tenant’s 12 month tenancy ended over a week ago. One of them is still in situ. No more rent has been paid.
On attending the property with my agent 3 weeks ago to allow a new prospective tenant to view , it became apparent all the locks had been changed.
A section 21 has now been served.
One of the couple has returned her keys, so we now have access. But the other tenant is still in the property, as far as we know.
I am very concerned as S21 means a 2 month wait and the keys are ‘out there’.
If it appears he has left, soon, can I not regain my property and change the locks back ? My agent says no, we have to now sit it out.
I’m worried he could give the keys to anyone else, and anyone or/and he are basically squatting.
This seems awful and unfair for me, the landlord.
Any advice from anyone very welcome.
Louise
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Member Since November 2022 - Comments: 120
12:39 PM, 7th February 2023, About 3 years ago
Reply to the comment left by David at 07/02/2023 – 12:25
Indeed, HA 1988 says as much. S5 I think it is…
Member Since December 2018 - Comments: 95
1:54 PM, 7th February 2023, About 3 years ago
Reply to the comment left by David at 07/02/2023 – 12:25
Sorry but no, if 2 people are named on the tenancy then they are joint tenants and this agreement would be joint and several, 2 tenants one tenancy. if a tenants vacates at the end of the fixed term or serves notice and vacates and hands the keys back without telling the other person then they have ended that tenancy. What one of the joint tenants does affects the other one as well
Member Since December 2019 - Comments: 241
7:22 PM, 7th February 2023, About 3 years ago
Reply to the comment left by David at 07/02/2023 – 12:25
If one tenant ends the tenancy then that is binding on both, so in theory the other is staying without permission, but if vacant possession isn’t included at the end of the tenancy (because one tenant refuses to leave) then the tenancy continues and both tenants are liable for the rent etc.
2 ways of looking at the same situation
Member Since October 2020 - Comments: 1144
1:18 PM, 9th February 2023, About 3 years ago
Reply to the comment left by SimonR at 07/02/2023 – 13:54
No. If joint tenants are able to serve a valid notice, (which they are not during the fixed term), then the tenancy ends on expiry of the notice and one person remaining means that only that person is holding over. The one that has left would have no liability. However, the scenario where one tenant leaves at the end of the fixed term is entirely different. Section 5(2) of the Housing Act 1988 says that a tenant that remains in occupation after the end of a fixed term tenancy causes a periodic tenancy to arise automatically and on the same terms. If one tenant remains, then this is enough to trigger the SPT, which will apply to both joint tenants, so both will continue and be liable.
Member Since October 2020 - Comments: 1144
1:20 PM, 9th February 2023, About 3 years ago
Reply to the comment left by Chris Bradley at 07/02/2023 – 19:22
See comment above
Member Since February 2023 - Comments: 1
7:57 PM, 9th February 2023, About 3 years ago
I would go and change the locks and wait and see if anyone contacts, or leave a abandonment notice