Discrepancies- names on AST v. the occupants

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    Discrepancies- names on AST v. the occupants

    hello everybody

    I live with another 4 people and we have a joint tenancy agreement that we signed altogether.

    From time to time someone moves out and some else moves in. My question is about the responsibilities towards the house. As a matter of fact we sign a new contract everytime someone new moves in, but there is always a big gap (some months) between the actual date of the moving of the new person and the date when we actually sign a new contract carrying the names of the actual tenants. This is due to our landlady being really relaxad and easygoing about it.

    To cut a long story short: is someone not living in a property any more still responsible for it even though the landlord gets paid by another person (each of us pais a 1/5 of the rent) ?

    Thanks

    #2
    Originally posted by hello83 View Post
    hello everybody

    I live with another 4 people and we have a joint tenancy agreement that we signed altogether.

    From time to time someone moves out and some else moves in. My question is about the responsibilities towards the house. As a matter of fact we sign a new contract everytime someone new moves in, but there is always a big gap (some months) between the actual date of the moving of the new person and the date when we actually sign a new contract carrying the names of the actual tenants. This is due to our landlady being really relaxad and easygoing about it.

    To cut a long story short: is someone not living in a property any more still responsible for it even though the landlord gets paid by another person (each of us pais a 1/5 of the rent) ?

    Thanks
    Very probably the answer is yes. Until a tenancy is ended then all the original tenants remain responsible for the rent (and other obligations of the tenancy) until the tenancy is ended.

    Comment


      #3
      No. My view (others disagree!) is that it's impossible to create a legal tenancy in more than four tenants' names.
      In named sequence on the Agreement, hello83, in what sequence position does your name appear: fifth or earlier?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        yeah I checked ... there are 4 names only ... one is a couple and have been there forever.

        Comment


          #5
          'One name is a couple' is inaccurate, surely; a couple count as two!
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by jeffrey View Post
            No. My view (others disagree!) is that it's impossible to create a legal tenancy in more than four tenants' names.
            In named sequence on the Agreement, hello83, in what sequence position does your name appear: fifth or earlier?
            Yep, sorry, didn't spot that.

            Comment


              #7
              Originally posted by hello83 View Post
              yeah I checked ... there are 4 names only ... one is a couple and have been there forever.
              Adam and Eve?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by hello83 View Post
                yeah I checked ... there are 4 names only ... one is a couple and have been there forever.
                To get more advice will need to provide a little more detail. In particular, how and when do you think the original tenancy might have been ended, if this is indeed what you are assuming?

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  'One name is a couple' is inaccurate, surely; a couple count as two!
                  ok so one of the tenant shares the room with his grirlfriend who is not in the contract so let's leave her out of the picture. In fact the legal tenants are 4 only (3 other people and I).

                  The original tenancy is still on and is now automatically renewed monthly.

                  Let's make the thing less abstract and say I move out tomorrow and my flatmates and the person substituting me sign a new contract 2 months after I moved out. In the meantime, for some reason my former flatmates decide to have a party and destroy the flat! The Landlady comes around for the new contract and finds out about the house and wants to be reimbursed for the damage.

                  who is she gonna ask the money to? Bear in mind that she has been receiving payments from the new person and knows I moved out. Also she knows the tenants haven't signed the new contract only cuz she is lazy and takes 2 months to print out a new contract!

                  So bottom line is: who is she entitled to claim the money from?

                  Thanks for the patience

                  Comment


                    #10
                    Originally posted by hello83 View Post

                    So bottom line is: who is she entitled to claim the money from?
                    Very possibly from you I am afraid. Nothing you have described would, conclusively, end the old tenancy and create a new one.

                    In your circumstances, the minimun I would do is serve on the landlord a valid written notice to quit. This would end the current tenancy whether the landlord (or the other tenants for that matter) likes it or not. The landlord would then have to make a clear decision about to whom, if anyone, she wishes to grant a new tenancy.

                    Comment


                      #11
                      Originally posted by Preston View Post
                      Very possibly from you I am afraid. Nothing you have described would, conclusively, end the old tenancy and create a new one.

                      In your circumstances, the minimun I would do is serve on the landlord a valid written notice to quit. This would end the current tenancy whether the landlord (or the other tenants for that matter) likes it or not. The landlord would then have to make a clear decision about to whom, if anyone, she wishes to grant a new tenancy.
                      oh really? so even though the leaving notice is signed by me only it terminates the whole thing? I didn't know that?

                      Comment


                        #12
                        Originally posted by hello83 View Post
                        oh really? so even though the leaving notice is signed by me only it terminates the whole thing? I didn't know that?
                        Provided it is properly drafted, then yes. Search on notice to quit and you will find more information on how to prepare one, but don't worry because it is not too difficult.

                        Comment


                          #13
                          Originally posted by Preston View Post
                          Provided it is properly drafted, then yes. Search on notice to quit and you will find more information on how to prepare one, but don't worry because it is not too difficult.
                          someething like this? (I found it on the internet):


                          _________________ ________, 20_____

                          Dear _________________________________:

                          I rent an apartment from you at ________________________ __________________ ________________. This letter is to notify you that I will not be renewing my lease. I will be ending my lease and moving out of my apartment on ________________________, 20_____.

                          After I move out, please mail my security deposit to:

                          ____________________________________

                          ____________________________________

                          ____________________________________

                          The day I move, I would like to walk through the apartment with you when you do your move-out inspection. Please contact me so we can set a time and date to do the move-out inspection.

                          I will arrange for all of the utilities to be TURNED-OFF when I move out. If you would like me to transfer the accounts to your name, please tell the power company and let me know as soon as possible. If I do not hear from you about the utilities, I will have them turned-off.

                          Thank you for your cooperation.

                          Sincerely,


                          ______________________________

                          Comment


                            #14
                            and also I was wondering if it can be an email only or if it must be a proper letter?

                            thanks

                            Comment


                              #15
                              Originally posted by hello83 View Post

                              The original tenancy is still on and is now automatically renewed monthly.
                              Do you mean that the original fixed term of the assured shorthold tenancy contract, for a property in England or Wales, has now ended and it is now a periodic tenancy?

                              If so, then, to end the whole tenancy (for you as well as the other joint tenants) you must give the landlord at least one month's notice, and it must also expire at the end of a rental period. The periods begin the day after the fixed term ended. So, if the fixed term ended on 15th December, then the periods run 16th - 15th of the month, and your notice, if served today, for example, would have to end on 15th May (because the 15th April does not give at least one month).

                              You can serve via email, but you should ask the landlord to acknowledge receipt, otherwise you have no proof that the notice has been served. Better to send a letter, keep a copy of it, and get a free certificate of posting from the post office.

                              Comment

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