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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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Does a tenant have the right to teminate a joint tenancy without

Resolved Question:

Does a tenant have the right to teminate a joint tenancy without to joint tenants consent even though they are still living in the house. Council house in Scotland
Submitted: 3 years ago.
Category: Scots Law
Expert:  Ash replied 3 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Yes if that person is named.
Alex Watts : Any or all tenants can give norice.
Alex Watts : notice
Alex Watts : The landlord can then have a new contract with the remaining tenants.
Alex Watts : But yes, the tenant can terminate.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Sorry maybe I was not clear, my female partner is named as tenant, I am named as joint tenant on the council tenancy agreement. Can she teminate my joint tenancy with the council (and evict me) without my consent even though I am still living in the house.

Expert:  JGM replied 3 years ago.
Thank you for your question.

Under Scots law she can't terminate the tenancy validly without your consent. The council need both of you to give notice under a Scottish Secure Tenancy.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
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