Thanks for your reply. The current 6 month tenancy is due up on the 19th June 2015, so I have yet to hand the keys back to the letting agents.
A little more information; I have never lived in the flat but lived in my own (mortgaged) house. The joint tenancy was done to allow the other tenant (my ex wife since 2009) the ability to stay local so she can be involved with her two children (10 & 8). Both her and I have sets of keys to the flat from the letting agents.
I had helped and supported her tenancies since 2009 (being a guarantor in the past). This letting agents would only take her on if we both had signed as joint tenants (i work full time and have done for many years), which I duly did as I did not envisage any circumstance changes.
The children reside with me 4 days a week at my house and with their mother 3 days of the week. Odd weeks we have helped each other out depending on circumstances i.e. i will keep them all week, sometimes she keeps them all week.
My concern is she wants to get evicted i.e. possession order and then bailiffs as she has applied for council housing and if she leaves just on the section 21 she will be seen as voluntarily leaving thus not entitled to council housing.
If I hand my keys back as requested on section 21 i.e. before 19th June, will the possession order etc be against me also as it was joint tenancy?
She is in receipt of housing benefit from about 2-3 months ago, but the landlord does not wish to have a DSS person in the flat so we both were served section 21 as part of the natural end of the current tenancy agreement.
I spoke with the letting agents this morning and in the conversation they said that if it did goto the courts that I would be affected as the possession order etc would be to both of us.