I am a Joint Tenant and the other tenant wants to leave. Am I entitled to stay ?
If you are a joint tenant and the other tenant wants to leave this could effect your right to stay.
This is because if the other joint tenant serves a "notice to quit", telling the landlord they want to leave and the notice is in the correct form, it will break the joint tenancy. If you were granted a joint tenancy this will mean you do not have separate tenancy agreements only one agreement.
Your landlord would be entitled to say that as they granted a joint tenancy, if it has been broken it no longer exists. Your landlord would be entitled to ask you to leave and to get a court order if you did not leave.
However, in some cases your council landlord might agree to offer you a tenancy on your own in the same property or a different property.
Questions & Answers
- What is a Secure Tenant?
- I have received a written notice from my landlord telling me I have to leave the property by a certain date. What can I do?
- I have been living in a property, but my name is not on the rent book and the person whose name is on the rent book has just died. What can I do?
- I am a Joint Tenant and the other tenant wants to leave. Am I entitled to stay?
- I have not stayed in my property for a while and my landlord is now threatening to throw me out. What can I do?
- I moved into a council property which was in someone else's name and they agreed I could stay there if I paid the rent. Do I have any rights?
- My landlord says I have not paid my rent, but I receive Housing Benefit and the payments are late. Will I be evicted?