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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35045
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am trying to sell the house I own as tenants in common

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I am trying to sell the house I own as tenants in common with my ex-husband (50:50). The house is in Wales. There is a tenant living there, her 6 month fixed term has expired and she has been on a periodic tenancy since the end of her term i.e. it is 18 months since her fixed term expired. My ex tells me we cannot give notice to her until the end of another six months. What is the position? He has not put her deposit into a tenancy deposit scheme as he should have so I think we can't use section 21 HA 1988.
Can we just give 2 months notice?

Thank you for your question

My name is Clare and I shall do my best to help you

You are indeed entitled to give her two months Notice (ending on the rental payment date)

Please ask if you need further details

Customer: replied 1 year ago.
Thank you - does this need to be in any special form or can it just be a written letter. Does it have to be signed by my ex- and myself - we both own the house - or can I do it alone? Thanks

The form you need to use is here

on the basis that you wish to return to the property

Customer: replied 1 year ago.
Hi Clare,
Sorry to come back again on this - I want to sell the property (my ex-husband and I own the property as tenants in common). He has reluctantly agreed. This is not one of the grounds listed for S8. Is there any other way?

You wish to return to the property to deal with the sale.

Alternatively place a sum equivalent to the deposit in a scheme and the use a s21 Notice

Clare and 2 other Property Law Specialists are ready to help you