Jont tenancy agreement issue

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    #31
    The solicitor is wrong. You should speak to a specialist housing solicitor. If one tenant serves a valid notice during a periodic tenancy then the tenancy ends on expiry. If one or more of the tenants remains in occupation, then what happens next depends on the landlord. The person "holding over" would be a trespasser and if they are acknowledged as such by the landlord, the they can be removed from the premises with reasonable force. If they still refuse to leave, then the landlord can seek a court order for possession and can claim mesne profits from the trespasser at a rate of double the rent, thanks to the Distress for Rent Act 1737. If the landlord were to accept a rent payment from the person holding over or to in some other way acknowledge their tenancy, then they would probably create an undocumented periodic tenancy for that person only from that date.

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      #32
      DPT57,

      Thanks for your message- means a lot to me... maybe I am just stressing too much, as a few people (who I am assuming have more experience and knowledge about the topic than me) told me two different scenarios.

      Do you know, how long does the agency have to reply to my notice? Someone said two weeks?

      Comment


        #33
        For what it's worth, I also think the solicitor is wrong.
        And common sense says that they must be, otherwise there would be tens of thousands of people stuck paying rent because a flatmate didn't want to move.

        The agency doesn't have to respond to your notice at all.
        Provided it's valid you can simply move out and rely on it.

        How did you send it to them?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          Originally posted by jpkeates View Post
          How did you send it to them?
          By email.

          I sent a new valid notice yesterday to 3 different managers also by email, as the one I was speaking to on 6th (after sending the invalid notice), said all this stuff that I will be liable for rent if the other co-tenant does not have money to pay or will not move out etc, and that 'they won't just let me go'...This manager said also that the landlord has to agree to my notice...


          The manager has not contacted my co-tenant to discuss what his plans are yet...
          When I told to the manager that she needs to contact my co-tenant to discuss his plans- she said 'do not tell me how to do my job'...
          Basically, my last conversation with the property manager was last Friday- she said she will contact me asap- she has not till now.
          Yesterday I sent valid notice- and decided not to call them anymore- I will just stop paying after the notice period, and obviously return my keys when I remove all my belongings.

          The deposit is on my name tho...

          Perhaps, I should contact the landlord myself? I do not know if the landlord will be interested at all. The landlord is one of those who has hundreds of properties...

          Comment


            #35
            I would send the notice again by post (from a post office, if you send it first class, you can ask the post office for proof of posting, which is helpful if the agent disputes it).

            Check the tenancy agreement very carefully to see if it says anything about notices and how they have to be sent.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #36
              Hello!

              I just wanted to let you know that I managed to rent a new flat! It is a lovely 1bedroom with good size balcony by the forest with 5 min walk to underground and I absolutely love it ❤️

              However, because property manager did not send the references to the new landlord- landlord asked for 6 months rent upfront... I’m still a student working part-time so it was massive for me...
              On the same day before the credit check report came over, I called the manager and she informed me that she sent the references, obviously she was lying. I recorded that conversation tho.

              The manager still hasn’t given me any information regarding my notice- no emails- literally nothing. It is strange for me because in the past other agencies just sent me an email straight after receiving notice, confirming that they received it and send over all the procedures which will take place. It has been 11 days from my first call informing that property manager that I’m going to leave and for 11 days they has not managed to send me even one email...

              I contacted the Shelter, they gave me all the information and reassured me that the agency cannot demand any money for the property after the agreement expires after serving valid notice. They also told me that I can complain about agency to the redness scheme. There is obviously communication issue with the agency, plus the property manager lies to me over the phone, and gives me wrong information that I cannot leave if the other co-tenant does not have money to pay...

              what do you think, is that right thing to do to complain about this property manager and the whole situation?

              I feel better now, knowing I’ve got a safe place to be but I just feel mistreated and disrespected by the manager. I have been paying on time for the past 2 years, there was no problems with me at all, and they don’t have time to send me one email. I feel like an idiot calling them everyday and hearing the same thing that the landlord did not respond and that she needs to follow the procedures which she does not want to share with me...

              Comment


                #37
                I'm glad everything worked out for you (and happy that Shelter confirmed what we'd been saying).

                I think I'd complain - if only because the agent has lied to you twice, once about your situation and once about the references.
                Not for any compensation, just to let his employer know what they're doing - if they're told and don't do anything, they're as bad as the person themselves.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #38
                  Congratulations on the new property. Good to know it worked out for you. I would also write a formal complaint to the agency manager and escalate it to their redress scheme if they don't respond properly.

                  Comment


                    #39
                    Hi!

                    The story continues... The agency still has not responded to any of my emails 🤷🏻‍♀️. The other day when I called he agency, the manager said that the landlord wants to be involved, as two days before that call I wrote an email saying that I would like to speak to the Landlord about the whole situation and I requested the contact details. Until now it has been a week, I have not received any contact details to the landlord, Landlord has not contacted me either. (Seriously, what is wrong with this manager and this agency- Landlords why do you use agencies? 🙈).

                    I found my landlords address- I wrote him a letter, enclosing notice and saying that there is communication issue with the agency and basically they don’t give a ****- obviously wrapped it in nicer words- sent it by special delivery (spent £7 for this service wrrr...), asked to confirm receiving notice and said if he has any questions he can call me or email me- gave him my contact details.

                    I seriously don’t think there is anything else I can do- to complain to redness scheme I need to wait 8 weeks after sending the complain to the agency.

                    During that call with the property manager - mentioned above, I was informed that she has not contacted my co-tenant to discuss a new agreement, she said the agency is looking for a new tenant for him and that she hopes I will still pay for February- wtf I told her I will 100 times, and also my notice has exact dates when the agreement expires. Why would she look for a new tenant if she has not spoken to the my co-tenant... I think these are lies and that thing about landlord wanting to be involved is also a lie... I still don’t know what this woman wants to achieve by doing it tho. She knows I moved out...

                    On 17th I took all my belongings from the property, except bed frame, wardrobe and some bookshelves, because they are in a good condition and instead of getting rid of them I want to give them to someone who wants them (for free), but obviously it has to be advertised and the transport need to be organised, so I thought if need to pay rent till February anyway the furnitures can be there for this time, right?

                    My co-tenant gets very frustrated about it and text me nasty messages about it, things like ‘get your rubbish out and **** off’, or ‘When you come to take your 'rubbish' Don’t you dare open the doors with the key- wait until I open it for you- you might have to call police’ bla bla 😄 - I found it quite funny, actually. In the past when I went there to take some stuff, he did not put the key in property from the inside and I could open the doors easily with my key, and now he gets angry about it, that I managed to open the doors to the flat I formally still can live in and need to pay for.

                    I found a couple of people willing to take these furnitures but I don’t want a weird situation when I go there with other people who organised transport to take furnitures and my co-tenant does not open the doors and I need to call police etc... That would be quite embarrassing for me.


                    On that note, I contacted the council to inform about the change of address (regarding council tax) saying I moved out and my agreement finishes on 28th Feb. I needed to give the agency details- will the council confirm that with the agency? I also had to state there that my belongings are removed already- what I did, but obviously there are still these furnitures which can be removed any time. I know that I need to pay council tax till the end of February which I want to do, but can the agency say something to the council that I still live there and the council tax will have to be paid in two properties? Sorry- I hope it makes sense.

                    last thing- my co-tenant wants the deposit- I told him that I don’t mind transferring to him the whole deposit, if he stays there but I want him to sign a new agreement first. The deposit is in my name. The flat had some stuff to do such us holes in the walls after pictures frames, my dog scratched the doors in a couple of places, the floor raised due to leak from the roof- water was poring from the ceiling ( btw reported to the agency which has done nothing about it) and my co-tenant broke a window in his room and made a big hole in the wall (I don’t know why- I think he was angry at something)- so I know that if we both moved out and I don’t fix these things - most of the deposit would be taken, but if he stays there and the agency won’t carry inspection I can transfer the whole deposit for him... but I’m not sure how would that work with the deposit. In normal circumstances I would fix everything before giving back the keys.

                    Does anyone have an idea how would the deposit work if I move out and he wants to stay? Does the agency need to carry out an inspection with him in the property? I guess if he stays and he will not sign the new agreement they will hold the deposit?

                    Thanks!

                    Comment


                      #40
                      Leaving the stuff there was a mistake and you should make arrangements to collect it.
                      You can't just leave stuff in a rental property and move out.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #41
                        Originally posted by jpkeates View Post
                        Leaving the stuff there was a mistake and you should make arrangements to collect it.
                        You can't just leave stuff in a rental property and move out.
                        Unless I'm reading wrong. Doesn't sound like he has surrendered the tenancy yet. Still has keys, and has paid until end of February? So well within rights to leave stuff in place he wishes to sell on/ give away.

                        Comment


                          #42
                          Originally posted by andybenw View Post
                          Unless I'm reading wrong. Doesn't sound like he has surrendered the tenancy yet. Still has keys, and has paid until end of February? So well within rights to leave stuff in place he wishes to sell on/ give away.
                          Ah, in which case I agree with you!
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #43
                            Originally posted by andybenw View Post

                            Unless I'm reading wrong. Doesn't sound like he has surrendered the tenancy yet. Still has keys, and has paid until end of February? So well within rights to leave stuff in place he wishes to sell on/ give away.
                            Thats right... The rest of the stuff will be taken away by tomorrow anyway, then I am going to return the keys to the property but still need to pay rent until the end of Feb- I don't know if that change anything..

                            Comment


                              #44
                              Hey everyone!

                              So my co-tenant has not paid his part of the rent on the 1st. I paid my half. I have been contacted by agency regarding this. I know that I am still liable for the rent until 28th February, but because the agency still has not contacted me regarding my notice, I thought it will make them work quicker if I wait until the end of the month with paying his part of the rent.

                              I found out that my landlord is council and they bought this property to basically earn money on private renting. Because the landlord is council it it is very hard to get a response from them (especially during pandemic) in regards to what they want to do it, either keep my co-tenant or serve notice on him.

                              I knew that my co-tenant could not paid it, I kind of expected that, but I was wondering if it is a good idea to wait with paying his half until the end of the month, so perhaps the agency will put a pressure on him and he will pay or the agency will start responding to my emails and stop ignoring me?

                              What do you guys think?

                              Thank you!

                              Comment

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