How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

we are a letting agency and we have just served a section 21

Resolved Question:

we are a letting agency and we have just served a section 21 notice ( periodic) on a tenant, however she there were three tenants initially on the tenancy agreement and she is now stating the other two no longer live there and wants us to put in writing that she is the only remaining tenant to enable her to claim benefit, the reason the notice has been served is non payment of rent she is also stating that our notice is invalid for the folllowing reasons, firstly there are outstanding maintenance issues and secondly we have issued the notice naming all three tenants on the agreement and she is stating she is the only tenant still in residence, we received communication from one of the other tenants stating they no longer live there does this make the notice invalid
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is the deposit protected please?

Customer:

yes its protected with TDS

Alex Watts :

Then that is all you need to worry about

Alex Watts :

It makes no difference if some tenants have left or there are works outstanding

Alex Watts :

As long as the deposit is protected you can serve notice

Alex Watts :

If the tenant fails to leave you can issue possession proceedings

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

we have served notice with all three tenants that were originally named on the tenancy agreement although we did receive written notice from one tenant that they had vacated giving up all rights to the property and deposit however they then verbally indicated at a later date that they wished to remain on the agreement although they never confirmed this in writing would this make the notice invalid if three names were listed but only two possibly one remain at the property

Alex Watts :

The notice is still valid - do not worry

Customer:

What about if we want to serve a section 8 notice

Alex Watts :

If they have breached it then you can serve a section 8 notice

Alex Watts :

It would still be valid

Alex Watts :

Can I clarify anything?

Customer:

would we still name the three people that were originally named on the tenancy agreement even though we know one of them has vacated and given correct notice as it is now periodic

Customer:

so just to clarify we can serve a section 8 with all three names even though we know at least one of them possibly two have already vacated

Alex Watts :

Yes.

Alex Watts :

As long as at least one of the tenants remain you can use the names.

Alex Watts :

Does that help?

Customer:

yes thats fantastic thank you very much

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.