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.
Powered by vBulletin® Version 4.2.2 Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.