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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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I have a property that has been rented out 3 years

Customer Question

I have a property that has been rented out for over 3 years to a man and woman. The man has paid the rent as the woman has no income.
The woman has left the property and has stolen and caused damage to the male tenants property. He called the police and she now has an arrest warrant. The female tenant has not left any forwarding address.
The male tenant has told me that he wishes to stay on in the property. He has been a very good tenant, has taken care of the property and I would also like to keep him on. He has asked for a new tenancy agreement in his name only.
However, the main problem for me is that the female tenant is still on the tenancy agreement, so I guess she can legally still live in the property. Despite the fact that female tenant now has an arrest warrant, I'm struggling to find any grounds for issuing any notice to quit.
Could somebody advise me what I need to do before issuing a new tenancy agreement in the male tenants name?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
When does the agreement end?
Customer: replied 2 years ago.
It's periodic.
Expert:  Remus2004 replied 2 years ago.
Just serve a S21 notice upon both of them. Allow them the full two months notice.
At the end of the agreement offer a fresh agreement to the man on his own.
This is a periodic agreement. It is very easy to get back in and you will succeed. When you have done so you are perfectly free to sign him up again.
You do not have the problem of her living there and the need to evict her because she is kept away by bail conditions. If those are removed before your notice expires and she refuses to go then you may need to seek a possession order. That will cause delay and she probably will go to court making allegations of domestic abuse and ritual sexual abuse and all the other nonsense that gets trotted out when there are advantages to be had. None of it will stop you getting her out ultimately. When you do so you can sign him up again.
Can I clarify anything for you?
Customer: replied 2 years ago.
Hi,Thanks for your detailed response.As I have never issues an S21 before, is there anything I need to put in about why I am giving notice to quit?For example, I was looking at Section 8 grounds for posession, and ground 14 is for conviction for a criminal offence. The female tenant hasn't been convicted (the police are just after her).Thanks,Ed.
Expert:  Remus2004 replied 2 years ago.
You can use S8 but you don't need to.
You are perfectly entitled to get into your property. This is a S21 notice. The advantage of that is that you don't need to show breaches. You just have to give proper notice. She may well turn up and whinge and malinger and try to argue that being a woman of average abilities pretending to be vulnerable to get special treatment is, in fact, an instance of exceptional hardship and the Judge will tell her that he doesn't really think it is.
You will find details here
You can buy S21 notices in W H Smiths.