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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello My tenants are a couple who have just split up quite

Resolved Question:

Hello

My tenants are a couple who have just split up quite acrimoniously. The man has kicked out his wife and is staying in the house with the kids. I have just had a voice mail from his wife to say that she can't be evicted without 4 weeks' notice. They had an AST when they moved in in February 2012 but it now rolls from month to month. What are our rights as landlords? Do we need to give both parties notice? Both names were on the original AST.
Thank you for your advice.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if their tenancy is still within its initial fixed period or is it proceeding as a month to month period tenancy now following the expiry of this period?

Customer:

Hello

Customer:

The tenancy is expired and is just rolling

Joshua :

Thanks. Is rent up to date?

Customer:

It is now. They are continuously late. The man has paid the rent (due on 1st) yesterday.

Joshua :

Thanks. The wife is correct in respect of her rights vis a vis her husband - The wife can require her husband to readmit her and can seek various other orders against him if she wishes - but the relationship difficulties have no effect on your legal rights against them as tenants. You continue to treat them as tenants with joint and several liability to you for rent just as normal and can given them notice to leave under s21 Housing Act if you wish with the usual 2 month notice, which notice must expire the day before rent is payable.

Joshua :

As landlord you are unaffected (besides any potential impact on rent payments from the tenants) by their relationship difficulties and ideally would not become involved in any way.

Joshua :

If you are content for them to remain then it is for wife to contact her husband to require him to readmit her and failing which apply for an occupation order. This binds her husband but not you as landlord. Beyond telling the wife this if you wish I would not become involved.

Joshua :

If you prefer for them to leave then a s21 notice in the usual way should be served on both of them just as it would if there had not been a breakdown in their relationship.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thanks Joshua - so shall I just tell her to sort it out with the husband and not pester us?

Joshua :

Essentially I think that is a position to take. You may mention that she can apply for an occupation order if he refuses to readmit her but that is up to you.

Customer:

Thanks Joshua

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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