Rent arrears after leaving Joint tenancy(Rolling)

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    Rent arrears after leaving Joint tenancy(Rolling)

    I posted earlier regarding leaving Joint tenancy in June but would like to request further advise. I left Joint tenancy(Rolling) on July 13th after paying 45 months rents myself and tenancy is with my X-wife/In-laws. In-laws have property in London and getting £1800 rent and pension but never contributed and I was almost living in one room(last 2 years) with little access to Kitchen/Fridge though Fridge belongs to me. It was mental torture, so I gave 2 NTQ one to leave in May 13th and other one is June 13th. Frist NTQ is on email and some members said email might not be valid, so second one proper postal one with signature as well as email. But Estate Agent reasons are all signatures are needed on NTQ and other reason is Owner is not accepted the NTQ. I posted the Key on July 12th (recorded Delivery). I was received email on 14th saying though I sent key, but liable for further Rent . I told them please don't use office email address as I was warned not to use Office email address and gave Alternative Email address.
    Today I received email from Estate agent to Office email ( addressed to me and X-wife) asking for rent arrears for £7766 and if we have any money issues, please discuss with them in next 7 days. Estate agent ignored my earlier email of not sending any emails to Office email but he has done that. So what are my options? Shall I talk to solicitor regarding this issue? I sent an message to X-wife regarding rent and she replied EA can fxxx off and Councillor is handling their case. I am not sure what Councillor can bring into this rent arrears. I appreciate any advise as this arrears emails make me very stressed.

    #2
    'phone Shelter free helpline 0808 800 4444. For advice.

    Suspect you have served NTQ (assuming not Scotland) and landlord / agent would fail if it gets to court.

    Good luck.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Thanks I am on phone with Shelter but as usual the message says all lines are busy and call again. But I keep trying to talk to them.
      I live in Midlands (England).

      Comment


        #4
        Speak with a solicitor who specialises in property law, as you need to end your tenancy/liability, is probably better off spending the time with them then with shelter if it take days to finally get through to someone.

        Comment


          #5
          If you can afford to pay a solicitor you should definitely do that - most solicitors will discuss the matter with you for no charge in order to advise what they can do for you and how much it will cost.

          Otherwise, you are simply going to repeat what you have already told the agent and see if they dare take the issue to court.

          However, you should respond in some way, either via a solicitor or directly.
          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


            #6
            Finally I did speak to Shelter agent and he said once you served valid NTQ, the matter should have closed. But it is unfortunate that Estate agent is chasing you. Agent mentioned about the case law about Fulham vs Monk case. He said even they go to court for rent arrears they are not going to win the case... Also I was told once EA received a valid NTQ, he should have changed the locks to force rest of the tenants to leave. Also advised, I can write them saying you are thinking of harassment case.

            This is the events happened after I left the property

            After I left the property my X-Wife tried to get benefit for rent and 80% of rent paid in Sep 19th and I was told she will get the rent. But some odd reasons the rent stopped as agency might have noticed AST on 4 names and rest of 2 tenants are rich enough to cover the rent. That might be the reason she approached Councillor for help. If Rent paid after the valid NTQ, is another contract created between existing tenants with Estate agent?

            I approached The Property Ombudsman (EA is member of) in July and they said write letter to Estate agent first and wait for the final response before I talk to them.. I did sent an letter on July (registered) raising questions about why my notice is not valid and quoted Fulham vs Monk case etc.. Also said as a reasonable landlord he should approach the other tenants for new contract which he has not done. Etc.

            I haven't received any reply for my letter , so I sent the complaint to The Property ombudsman on 27th Oct. I haven't received any respond them yet but hopefully I receive one.

            I doubt EA agent will respond to my direct letters as he hasn't replied to my July letter. Solicitors are very expensive, but I do talk to one of them as i feel I need my sanity as long as costs are ok. Thank you very much guys for all the responses.


            Comment


              #7
              In which case I'd simply to the email as follows (from your preferred email address).

              Please send any further communication to xxxx@xxxx.xx as you are using my work email address and they do not allow its use for personal communication. It is possible that messages that you send to that address may not reach me. I expect any future communications to start with some form of apology.

              I am no longer a tenant of xxxxx and my notice earlier in the year ended the tenancy for all of the tenants.

              I do not owe you any money and your attempts to harass me into paying money I do not owe are having a negative effect on my wellbeing.

              I suggest that you take legal advice to correct your apparent misunderstanding of the situation, as I have done to confirm that my own understanding is correct.

              I suspect that the email you have received is from an automated system because the agent hasn't closed down the tenancy and isn't receiving any rent. But your reply might at least get them to review the situation.
              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


                #8
                Thanks Jpkeates for clarification on automated email as reading again and again I felt it is automated message.
                I haven't received any communication from them for last 4 months , so I thought all is well so far. But today sudden email stressed me out and reverted to smoking which I gave up 15 days ago .. But if I remember correctly I paid May rent to my X-wife which she used it.. I received email on 10th May saying they haven't received any rent for that month. So they have some kind of system either automated or manual to check for unpaid rents on 10th of every month. . Today is also 10th, so it makes perfect sense. I do reply what you mentioned above as it is very clear and precise. Thank you very much. I feel little bit less stressed now..

                Comment


                  #9
                  you did everything correctly and they have no chance winning a court case against you because your notice was valid. whoever is left living there is their problem not yours.

                  Comment


                    #10
                    Originally posted by Anilkumar View Post
                    Finally I did speak to Shelter agent.....I was told once EA received a valid NTQ, he should have changed the locks to force rest of the tenants to leave.
                    Shelter advised this?


                    My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                    Comment


                      #11
                      Quick update on my situation and it will help others who are in the similar situation.
                      Jpkeates template worked partially and they set up my new email on the system and I received email few minutes ago to set up new email. but failed to address other points
                      The Property Ombudsman responded finally saying send another email to EA for final view point response in the next 5 working days or I go to the property Omudsman(TPO) for complaint. I believe they want to reach point of exhaustion. I will write EA for final response later today and wait for their response.

                      Though it is not 100% relavant , but we were issued S21 notice on May 29th(6months) through their legal team after my first NTQ. I am not sure about legality as one of the tenant name written is Amandeep who is my son and not on tenancy. I prefer EA to start legal proceedings to take over the property.
                      But not sure if rest of the tenants appeal or my son turns up at court asking why he was issued S21 notice as he is not a tenant. I am curious how EA will proceed further. Current tenants realised they are not getting any rental property as every one is asking for 1 year contract which they don't want and their current situation with rental arrears. Also there is a death of one tenant (X-father in law) last week and I believe Councillor is involved in talking to Estate agent to give few more months as they need 3 months to move to their newly bought property.

                      All I want to settle this issue quickly once for all and proceed with my life without further stress.

                      Thanks to every one.

                      Comment


                        #12
                        They sound even more incompetent than some clowns of landlords we hear about.

                        File everything (emails etc) lin case you late wish to bring action for harassment, an offence landlords and agents can and have gone to jail for, plus fines.

                        I'm confident you'll be fine, best wishes.

                        Artful: landlord since 2000
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          In ‘layman’s’ terms they the landlord can’t ignore your notice to quit or pretend nothing was given and demand payment for nothing end of the day. They are trying it on.

                          Comment


                            #14
                            Prepare NOW for the Ombudsman

                            If it goes to them you will hear nothing for several weeks - and then BAM - they will want all your evidence submitted within 2 weeks.

                            So, set up a folder or two on your PC and start adding copies of email, files, scanned letters - everything !!

                            Change the titles so they first have the date and description of the document yyyy-mm-dd-description format is best so they stay in date order.

                            TRUST ME, you will be thankful that you prepare.

                            It also allows you to add things you've forgotten and re-check things make sense, rather than rushing at the last minute.
                            My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                            Comment


                              #15
                              This is the response I received from the Estate agent. Can you please explain whether he is right or not?

                              You are still a tenant. When you signed the tenancy you agreed to it as a joint tenancy. This means, anything to do with the tenancy is a joint decision, including notices and paying of rent. As only you want to terminate the tenancy your notice cannot be accepted as it is not both of you wanting to quit. Also as rent has not been paid you are also liable for the debt owed.

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