We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
in a pickle - assured shorthold tenancy
Comments
-
Interesting discussion on this one at
http://www.landlordlawblog.co.uk/2011/04/11/tenants-legal-help-five-things-about-joint-tenants/
See Tessa's point 5 and then the comments from others belowYellowstar wrote: »Are you sure that's correct, G_M?
Yellowstar x
The reference in Tessa's blog (above) shows it's an uncertain area of law - even the specialist property solicitors debating the issue!
Tess'a view (point 5) supported my original view - indeed I got my understanding of the law on this from her (though elsewhere).
However, others suggested that if one joint tenant gave notice in a periodic tenancy and the others failed to leave
* they might create a new tenancy altogether assuming they pay rent which the LL accepts or
* they might become trespassers
Personally I find the possibility that a tenant who has not been evicted through the courts, and who continues to pay rent, can become a trespasser, somewhat unlikely. But there again - I'm not a lawyer.
So - sorry - I cannot give a definitive answer!0 -
The reference in Tessa's blog (above) shows it's an uncertain area of law - even the specialist property solicitors debating the issue!
Tess'a view (point 5) supported my original view - indeed I got my understanding of the law on this from her (though elsewhere).
However, others suggested that if one joint tenant gave notice in a periodic tenancy and the others failed to leave
* they might create a new tenancy altogether assuming they pay rent which the LL accepts or
* they might become trespassers
Personally I find the possibility that a tenant who has not been evicted through the courts, and who continues to pay rent, can become a trespasser, somewhat unlikely. But there again - I'm not a lawyer.
So - sorry - I cannot give a definitive answer!
I am of the view one joint tenant giving valid notice ends tenancy for all..
e.g.
- and several other cases recorded in the usual reference works..Hammersmith and Fulham LBC v Monk, House of Lords...
1992
Service of NTQ by one joint tenant terminates tenancy
The defendant had been one of two joint tenants. Wit...
Ah, but if that tenant goes & the others don't??
AFAIK If other tenants pay money (and LL accepts...) then a new tenancy has been created, albeit "verbal" etc etc...
If other tenants don't pay... LL would need court order to evict them...0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245K Work, Benefits & Business
- 600.6K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards