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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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Hi I want to end a tenancy agreement thats in two names and

Customer Question

Hi
I want to end a tenancy agreement that's in two names and renew with just one of them
What's the best way
Thanks Andy
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You the landlord I presume?
Is this an AST?
Customer: replied 3 years ago.
Yes and yes
Expert:  Jo C. replied 3 years ago.
Thanks.
All you need to do is serve a S21 notice upon her ending the agreement. You obviously cannot do it otherwise. You need to bring that agreement to an end properly.
When that agreement ends in the normal way, you can just sign a fresh AST with her only. Nobody can be be forced to make you renew with him.
Obviously though, if you are receiving housing benefit then the DWP must be told he is there and should ensure this because if you receive it directly you will be liable for repaying any overpayment.
In principle though, you just need to bring this agreement to an end lawfully and then sign another.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
And because it is straight forward there are no pitfalls for delays.
It's a 30 day agreement is it two months for it to end?
Expert:  Jo C. replied 3 years ago.
If this is an AST then a S21 notice from the landlord should be two months.
The only difficulty with S21 notices is if the tenants refuse to go or sign afresh and then you need to get a possession order.
Customer: replied 3 years ago.
Hi
The council has said that if I serve a s21 it will create checks, as it would normally be for defaults
Where if I serve s8 it is a end of tenancy for with no queries. There for straight through.
Expert:  Jo C. replied 3 years ago.
If they did say that then they mean it the other way around.
S8 relates to defaults. S21 brings an end to an agreement as its termination date.
Customer: replied 3 years ago.
Ok thanks
Expert:  Jo C. replied 3 years ago.
No problem and all the best.
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