Joint Tenancy gone wrong!!

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    Joint Tenancy gone wrong!!

    Hi i hope someone can give me abit of advice - i entered into a joint tenancy (assured shorthold) last Sept with a friend.

    To cut a long story short..........my "friend" hasnt paid her half of Junes rent and this has caused the LL to give us both two months to move out - although this was only given via text message!

    I suggested that the LL lets me take over the tenancy - as my "friend" has informed me that she is moving out in two weeks - and from the past lies and false promises of payment, i can guarantee she'll vanish without paying the arrears or bills!

    As the LL keeps stating im liable for any arrears, as she knows she wont get any sense out of my friend, i wanted to kick her out and take over the tenancy and bring the arrears up to date.

    The problem im facing now is that the LL is allowing her to stay an additional two weeks on the feeble promise she'll pay what she owes (june plus two wks of july). When i asked the LL what happens when she doesnt pay (as i dont see how i can be held responsible for arrears that the LL has allowed her to build up against my will) she states she'll take it out of her deposit.

    1) i didnt think LL's could use the deposit (which should be in a DPS but i dont think actually is) to clear arrears and
    2) i have proof that the deposit was paid soley by me! not my friend.

    So can i be held responsible for an agreement that the LL has made with the other tenant without my consent?

    Can the LL let the other tentant move out with NO written notice and only 10days notice at that?? and then expect me to pay any arrears on top!

    is two months notice via a text message from the LL legally sufficient to make me move out?

    Can she use MY deposit?

    And how do i go about staying in the property after all this?

    ps. the other tenant wil also be leaving without clearing utility bills of over £400

    Many thanks for any advice/suggestions you can give

    Regards

    #2
    Some friend!
    Whose name are on the utility bills? That is who they will chase for payment.
    Unless the 'text' message was an email with a properly constituted s21/s8 notice attached I doubt any legal validity.
    If deposit is not protected in an approved scheme and reqd info not sent to Ts then LL cannot issue a valid s21.
    s21 is not a Notice to Quit only Notice of Intent to seek a Court repo order after its activation date, which must be at least 2 months after date of s21 service (other conditions may apply dep on type of T)
    OP states they have a joint T which means all AST signatories are 'jointly & severally' liable for all debts, so any deposit paid is at risk irresp of which T paid it.
    On T termination, the deposit is first used to pay for any T damages, any excess can then be used for unpaid overall rent.
    With a joint T the LL can only seek to terminate the whole T. If one T wants to remain they can approach the LL for a new T ,subject to LL approval.
    If one T decides to move out of their own volition, they and remaining T are subject to current ASST T&Cs
    I would suggest OP has serious discussion with current co-T.

    Comment


      #3
      I'm afraid mariner is right. Your main issue is with your co-tenant who is leaving you liable to pay their rent. The landlord has no power to "allow" the other tenant to stay another 2 weeks, as that is already their right. Indeed, you both have the right to stay put until the correct s21 notice has been issued AND a court has granted and enforced possession. Nonetheless rent is still due, and the LL can chase either or both of you for it.

      If you really think that the other T is going to disappear without trace, you might want to do all you can to gather information about her. Employers, relatives, next of kin, car registration, NI number. Anything which may help debtors trace her.

      (ps I hope you are ignoring the offer to privately email mike69 above who is a 1st time poster here and has not demonstrated any relevant knowledge)
      IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

      Comment

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