This is a tricky blog clinic problem from Monika
I have a query regarding a tenants dispute. I am renting a house from a private landlord with two other co-tenants, the tenancy agreement expires 02/08/2011.
Its myself, my partner and my sister
Things were not working out, and my parter and I have decided that we do not want to live with my sister for another 12 months. She has a drinking problem and often is late with paying bills. She is on benefits and she failed her credit check prior to moving into the property. My partner and I were her guarantors
We have now officially withdrew this and are no longer her guarantors. I have discussed this with the landlord and he agreed that the new tenancy agreement will be signed just for me and my partner.
He said that he will issue a letter giving my sister 2 months to move if she fails the credit check. However he said that if she refuses to leave then it will be difficult to evict her.
She has threatened me saying that she has no intention of leaving and that she will take me to court
I have no idea on what grounds, does she want to take me and my partner to court? She has a child and I suspect she will use the child as an excuse to stay,
Its a long winded story and i could go on for a whole day, but i just really need to know if there is a way to evict her, or are we going to be pushed out of our home. Please can you advise.
The landlord is not wrong when he says it will be difficult to evict her. In fact it will be impossible to evict her unless he also evicts you and your partner too. This is because not only is she a tenant with tenants rights, but also you are all jointly ‘the tenant’ of the property. It is not possible to evict just one of joint tenants.
If your sister had been living the property as your lodger, then I would have suggested using the procedure set out on my Lodger Landlord site. However she is not a lodger but a tenant. If you were to sign a new tenancy agreement with the landlord and just lock her out one day, this would be illegal eviction which is a criminal offence.
I have known a similar situation. Here the landlord got an order for possession against all of the tenants, right up to using the bailiffs, and then once the offending tenant had vacated, allowed the good tenants back in again. If your sister refuses to go, then I don’t think you can force her to leave any other way.
Or does anyone have any other suggestions?
A notice to quit from any one tenant will end the tenancy unilaterally, won’t it? (and after 2 Aug 2011 it will be just a periodic tenancy). Thereafter (once the NTQ, has worked its magic and ended the tenancy), if a new tenancy were to be granted to just Monika and her partner why can they not not just commence possession proceedings to evict their unwelcome houseguest?. Of course, the landlord could commence possession proceedings to recover the property after an effective tenant’s NTQ – and I’m not entirely convinced that he needs to have all his former tenants as defendants or that he must evict everyone (notwithstanding that the possession order is effective against anyone found in the property).
But surely the landlord would want Monika and her partner to pay the legal costs, etc up front if he was litigating for their benefit?
Of course, Monika’s sister might want to be rehoused by the council – and they won’t be looking to do anything for her unless and until she can show them a possession order. And indeed there’s a chance that she might be found to be intentionally homeless if her own actions have resulted in Monika and her partner no longer being willing to live with her anymore, albeit the council might not pursue the enquiries that deeply.
I did have a case many years ago where a homelessness applicant had presented to the council and when the council asked the landlord why he had sought possession, the landlord replied ‘he asked me to and he even paid the costs up front’. Somehow, I don’t think that the applicant expected his landlord to be quite so candid!
Chris B: “A notice to quit from any one tenant will end the tenancy unilaterally, won’t it? (and after 2 Aug 2011 it will be just a periodic tenancy).”
Monika’s (or her partner’s) notice to quit will only end the tenancy if served after the tenancy becomes periodic on 3rd August, not before.
No idea what status the sister would have after NTQ expiry, but assuming the LL then granted a new tenancy to Monika and her partner, it would seem to fall to Monika and her partner to get rid of any unwelcome guests at that point. From LL’s POV, so long as he’s receiving the rent, why should he bother to evict anyone? Not his problem if Monika and her partner don’t get on with the sister.
(Also wondering how Monika and her partner ‘officially withdrew’ from their guarantee for the sister, even before expiry of the fixed term).
Yes, I didn’t really understand how they could have ‘withdrawn’ from their status as guarantors. I suppose, though, that any such guarantee was always otiose. As joint tenants Monika and her partner were always ‘on the hook’ for any share of the rent that the sister failed to pay …
I agree that the landlord wouldn’t be looking to evict anyone so long as his rent is being paid. The loss of the sister as a joint tenant is just one fewer person from whom he can demand rent.
Obviously if they are going to serve a tenant’s NTQ then they should make sure that their landlord will indeed grant them a new tenancy. Just posting off an NTQ to the landlord without anything more might be disastrous for them: eg/ie landlord advertises property and signs up new tenants!
If the tenant serves a NTQ but then does not move out, the landlord still has to evict if he needs vacant possession.
Although there is then the possibility of this: http://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/
Probably Monika’s best bet is to see if the landlord will collaborate and get a possession order, evict the sister and then let them back in again.