View Full Version : Tenant's marriage breaks up
18-09-2005, 16:09 PM
If one tenant leaves, the other is responsible for the rent but a new AST must be signed. OK but what is the situation if this is within the initial period? This has just happened to one of my tenants, they've only been in 3 months. I don't want the remaining tenant on her own and as I am not prepared to give her a new AST, how can I get rid of her?
18-09-2005, 16:16 PM
Regrettably, you can't unless she does something wrong like not paying her rent. You will just have to serve an S21 notice for her to leave at the end of the fixed term of the current AST. Unfortunately, if she doesn't pay her rent you are virtually stuffed anyway because she has to be in arrears by two months before you can section 8 her, then you have still to wait a further 2 weeks before applying to the court, then you need to wait for a court hearing ... e.t.c, e.t.c.
Send her a section 21 notice and be certain of your possession order. Do it NOW!
18-09-2005, 16:49 PM
Thanks, I thought that might be the case. The prospect of rent arrears and the S8 route is the reason I only offer 6 month initial agreements now. Its also why I allow tenancies to go periodic, makes life easy if there are problems.
18-09-2005, 17:00 PM
Any chance the remaining tenant would agree to leave before the end of the agreement ?
The contract can come to an end early if both parties agree.
18-09-2005, 19:11 PM
She wants to stay on, claiming HB, unfortunately for her, she is extremely economical with the truth when it suits and I don't need that.
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