Q&As

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?

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Published on LexisPSL on 04/10/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?
  • Is it sufficient for a landlord to serve notice and evict one tenant in a joint tenancy?
  • Protection from Eviction

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?

Is it sufficient for a landlord to serve notice and evict one tenant in a joint tenancy?

Sections 8 and 21 of the Housing Act 1988 (HA 1988) are silent on its face as to the situation where there are joint tenants, something which is far from unusual.

The answer is provided by section 45(3) of the Law of Property Act 1925 (LPA 1925) which provides: 'Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.'

From this it follows that the notice must be given to both of the tenants. Although HA 1988, s 21 deals with the situation where there are joint landlords, making provision for one of them to serve, it does not 'otherwise provide' in the case of service on joint tenants. Accordingly, the general rule in LPA 1925, s 45(3) applies and they must both be given notice.

The section requires that notice be 'given' to the tenant. Linguistically, it is difficult to see

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