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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.
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?
The tenancy is expired and is just rolling
Thanks. Is rent up to date?
It is now. They are continuously late. The man has paid the rent (due on 1st) yesterday.
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.
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.
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.
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.
Is there anything above I can clarify for you?
Thanks Joshua - so shall I just tell her to sort it out with the husband and not pester us?
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.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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