This is a question to the blog clinic from Eileen who is a tenant in England.
Does a valid S21 notice sever a joint tenancy at the expiration date, especially if a tenant has complied with the notice and vacated the premises well before the expiration date?
Answer
I assume you mean where the property is occupied by two joint tenants, a section 21 notice is served, and only one of them moves out.
I am afraid the answer is ‘no’. Joint tenants are collectively ‘the tenant’. So if one moves out and the other remains, both will still be liable under the tenancy.
What a s21 notice does
A section 21 notice does not actually end a tenancy. It merely notifies tenants that the landlord wants the property back and allows landlords to commence proceedings under the no-fault section 21 ground if the tenant fails to leave. Assuming the correct notice and procedures have been followed, the landlord will be entitled to his possession order as of right.
Both tenants will remain liable, for example, for rent, until the tenancy ends after the possession order has been made.
How tenants can end their liability
If the outgoing tenant wants to end their liability under the tenancy before then, they should serve a tenant’s notice to quit.
Assuming the tenancy is periodic, this will end the tenancy completely. So if the outgoing tenant has vacated before the end of the NTQ notice period, they will no longer be liable under the tenancy.
If the other tenant remains in occupation, they will be without a tenancy and will need to reach a new agreement with the landlord. Or, if they pay rent which is accepted by the landlord, a new ‘oral’ tenancy may be created.
And finally
Section 21 is due to be abolished under the Renters Rights Act when it becomes law. Find out more about this.