NTQ - Second Tenant refusing to leave

General Discussion

Looking for some advice from the situation below – do we now need a possession order from the courts to gain access to what effectively is now a trespasser? Technically, there is no fixed term, (tenants have been in the property two two-plus years. Tenant, one served a valid NTQ to end the tenancy in Jan 2024 (joint tenancy for all parties). However, we are being informed that as one tenant remains in the property, it continues the joint tenancy, how? My understanding is that a valid NTQ ends the tenancy for all.

The tenant remaining tenant fails all affordability etc, hence the landlord is not creating any sole tenancy in the remaining tenant's name.

• Tenants fall out over Xmas – split up.

• Tenant one gives notice and then serves his Deed of surrender notice – ending tenancy for both. Effective from 13^th Jan 2024 

• Tenant one leaves the property – tenant two refuses to leave on the required date on 13^th Jan and asks for a delayed departure as waiting for keys to a new property. The landlord reluctantly agrees to this as access to the house is also prevented by the tenant, who simply refuses to allow anyone in.

• Tenant one wants his deposit back – and states he paid for it, The Deposit was lodged in both names.

• We have informed tenant one that we cannot process the DPS deposit until the second tenant has left the property. (DPS confirmed this also) He refuses this and demanding DPS return all monies to him. He states we should have carried out an end-of-tenancy inspection with tenant two in situ. We have informed tenant one that we are not permitted access as tenant two refuses it, hence an end-of-tenancy move-out report is incomplete until he moves out.

• Tenant two remains in the property and has been informed that he is now a Trespasser in the property – the landlord is entitled to change the locks at any time with his refusal to leave the property. Were now told that Tenant 2 is not a trespasser, they are still very much a tenant physically, even though on paper, tenant 1 has ended the joint tenancy. The landlord cannot change the locks.

• We are now informed by tenant two that he has been instructed by both Shelter, and Council, to stay in the property, and that we are unable (legally) to change the locks whilst he remains in the property as a trespasser.