Tenant Potentially Overstaying

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DuncanCat
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We have a joint tenancy which has recently rolled onto an SPT. The relationship has broken down with husband (H) having given a valid notice to terminate the tenancy after the expiry of the original six month term and Wife (W) indicating that she does not agree with the notice being given and does not intend to vacate the property on the expiration of the notice given by H.

We are willing to explore the possibility of granting a new agreement to W but understand that she does not work so suspect that the figures will be too high for her.

Our understanding is that H's notice is effective to bring the tenancy to an end and if one or either tenant remains in the property then they are holding over.

We're looking into the most effecient way of managing this and think that this would be by treating the notice as valid and filing court papers to start the eviction process immediately if W does not leave the property on the day that the notice expires.

By doing this rather than by treating the notice as invalid or withdrawn (which we are sure H would not agree to anyway) we believe we should be able to avoid having to serve a S21 and waiting two months for that to have effect before being able to start court proceedings.

As an additional point, if we are correct that H's notice is valid and will bring the tenancy to an end unless agreement is reached to rescind the notice does anyone see how we could serve a valid S21 notice anyway as it would arguably be served against a tenancy that was no longer inforce.

16/06/2017 14:20

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