View Full Version : Section 21 Query

30-09-2011, 13:09 PM

I just wanted to ask if I have for example three tenants renting a property but would like one particular tenant to leave, can I serve him with a Section 21 just in his name? Or do I have to serve it against all three tenants and have them all leave?

30-09-2011, 13:48 PM
Is it a joint tenancy, or do they have separate agreements?

If it is a joint tenancy, you must evict "the tenant" which is all 3 combined. Who you let to once the tenancy comes to an end is up to you - it could conceivably be your 2 'good' tenants.

You are, of course, aware that a s21 does not compel at tenant to leave?

If you do this, it will be a brand new tenancy, new inventory, old deposit returned, new deposit taken etc etc.

01-10-2011, 00:16 AM
In a joint tenancy, 'the Tenant' legally comprises all the joint tenants together; they are not divisible. Same goes for 'the Rent'; all the joint tenants are jointly and individually liable for all of the rent, not just a 'share'.

So, if it's a joint tenancy between you and T1/T2/T3 (i.e. jointly 'the Tenant') then the s.21 must be served on T1/T2/T3 and name all three on the one notice as 'the Tenant'.

Similarly, any claim for possession after s.21 notice expiry must be brought against the three joint tenants jointly.