Joint tenancy: one tenant moved out
Possession - Section 8 and Section 21

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2 Posts
3 weeks ago

Hi everyone,

We are in the process of Section 21 court order application due to rent arrears. Section 21 served and expired. Tenants did not leave. We have now sent out N5B form, waitiing for applying court order.

It is a joint tenancy with both wife and husband names and signatures. Now the wife told me that they separated and the husband has moved out last week (which I can not verify). She is aksing me to divide the rent arrears equally between them and chase the rent arrears separately. She offers to pay her half of the arrears and going foward only pay haff the rent until she found a place. They stopped paying rent as soon as Section 21 served and they were paying very littile before that for months.

I understand that with a joint tenancy, both tenants are each responsible for the whole of the rent, not a share of it. But in practical terms, how should I approach this? It is very tempting to accept her terms, which means that at least we would get something instead of nothing. Is there any negative impact on S21 posession proceedings if I accept it? Ideally I would like to be able to get back all the owed rents. But my priority now is focusing on getting back my property. So I wouldn't want to complicate matters. 

Thank you in advance.


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