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  • Legal FAQs

    Ending a Joint Tenancy due to domestic abuse

    New one just hit me this morning.

    Got a joint tenancy.  He rung me this morning saying his partner had attacked him for a 2nd time, this time in front of his kids (they seemed like a nice quite middle class couple believe it or not).

    He wants to stay on without her, which I'm happy to do as he's a lovely guy, as kids won't come back to the house whilst she stays.

    Assuming she won't go quietly what are my options?

    I'm assuming I will serve them both a section 21 then once she's gone enter a new tenancy with him.

    Does he actually ever have to leave the property?

    If she refuses to leave will I have to actually have to evict both before him moving back in?   Can I enter a tenancy with him after evicting him?

    Basically, what's the most painless way to get her out and off the tenancy and for him to remain?

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    Hi Paul,

    I would recommend that you contact your tenant and tell him to call the Domestic Abuse Outreach Team of the local police.

    Wherever violence is enacted in a domestic situation, the police should be contacted - especially as there are children involved.

    The DA team will be able to advise your tenant on the steps he will need to take to secure his and his child's security and get this person removed from the property, if that is what he intends.

    I would be careful about getting involved further in this, as 9 times out of 10, and - sadly - the abusee decides to return to the abuser.  Your tenant needs professional support to understand his options imho.

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    This is nothing to do with you and you should not get involved.

    This is entirely domestic and private matter between tenants and you will not do yourself any favours by trying to evict people. If you do choose to evict you will have to evict them both and then start a new tenancy with him.

    He would not have to move out to do this but it's very risky because you are making assumptions about what happened without really knowing the truth.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks V and David for the advice.

    He rung me again from the police station as she apparently threatened to stab him after I had spoken to him!!!!!

    Whilst I get what you say David, I think as a landlord I am involved.  They may well sort it out (I really don't think this likely) so the situation of them both being on the tenancy but in a untenable situation does involve me.   I sent a text saying

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