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Category: Property Law
Satisfied Customers: 307
Experience:  Expert
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We had a joint tenancy and now I had sole tenancy as

Customer Question

We had a joint tenancy and now I had sole tenancy as landlord has signed the new contract just with me and the other tenant with whom I had joint tenancy is not leaving the house and not paying the rent. So, how can I evict him from the property ?
Submitted: 8 days ago.
Category: Property Law
Expert:  AlisonSolicitor replied 7 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialize in UK and Irish Law. I am not always online but rest assured if I do not respond immediately, I will respond when I return.

Expert:  AlisonSolicitor replied 7 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  AlisonSolicitor replied 7 days ago.

you can use the accelerated possession order. This should enable you to evict your tenant without going to court.

Customer: replied 7 days ago.
Yeah that’s where all the confusion is coming… As I also already live in the property so why should I seek the possession order ?
Expert:  AlisonSolicitor replied 7 days ago.

I see i was wrong. You can apply to court then to remove your ex-tenant to your tenancy

Customer: replied 7 days ago.
I am also one of the tenant… ok let me explain with example, A and B are two cousins take one house on rent from landlord X now the term is ending and A and B are not getting along and they both want the house individually and they had discussions with X and then X got ready to sign a new contract just with A which makes B upset about it. Now, the new term has started but B hasn’t left the property and continued his stay without paying anything. B has refused to pay rent to A and saying he will pay to X and he didn’t even pay to X as well.
Now, X is saying he can’t evict B and he is saying to A that they have to take legal advice. What can A do to evict B ? X is ready to cooperate with A if any help is needed for B’s eviction.
Can you please help A and show him the right path ?
Expert:  AlisonSolicitor replied 7 days ago.

Good morning. As they are joint tenants, they all have exactly the same rights, so one tenant can’t simply be forced to leave.

In this situation, A can serve a notice to end the tenancy, and A doesn't need permission from B. When the notice ends, the tenancy and the right to live in the property will cease for all tenants. A can then sign a new tenancy agreement with the landlord.

Customer: replied 6 days ago.
GM, thanks Alison for reply !
As a current position,
A has already signed up new tenancy agreement with the landlord as B verbally told A and tenant that he will the property by end of term but he didn’t as the term has ended already and now B is not paying to anyone. Which notice A can serve B as he doesn’t have any written agreed with him ?
Expert:  AlisonSolicitor replied 6 days ago.

It will be cleaner to complete it as per the above, that way it is legally enforceable. Thereafter resign the other tenant formally.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 6 days ago.
Ok you said above “A can serve a notice to end the tenancy” which notice ?
Expert:  AlisonSolicitor replied 6 days ago.

A landlord can end a tenancy at the end of the fixed term provided that the tenant has been given two months written notice in the form of a section 21 notice to quit.

Customer: replied 6 days ago.
I think you are not understanding my question, can you please re-read my example?
Customer: replied 6 days ago.
Landlord is not doing anything
Expert:  AlisonSolicitor replied 5 days ago.

I am indeed however it is not for you to evict it is for the landlord. So if they were to complete the steps above they can then legally rent the house to you on a tenancy solely. That is my opinion on the most straightforward solution.