Joint Tenancy and kicked out... By flat mate

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    Joint Tenancy and kicked out... By flat mate

    I have a joint tenancy agreement with my friend. We've been sharing this flat for 8 months. Today I mentioned I'll be moving out shortly as I no longer enjoy living with her.

    She asked me if I had this months rent, to which I replied not at the moment (rent isn't due for a couple of days yet). She flipped and demanded I leave the flat immediately. She violated my privacy and packed up all of my belongings and dumped them in bags for me to collect. I collected them and left.

    Now, by law, and by the landlords word, I'm legally entitled to stay in the property until June 23 (one months notice). However I have literally been kicked out by my flatmate and won't be returning.

    Both of our names are on the joint tenancy agreement. Am I still liable to pay rent for this month? May 24-June 23. I was kicked out today, the day before a new rental month begins...

    When the original agreement was drawn up, credit checks were performed against her, not me, she is guarantor on the flat.

    Any help?

    #2
    Are you still in the fixed term of the tenancy agreement?

    Comment


      #3
      No. We're on a periodic tenancy now. Rolling monthly. With a one month notice required.

      Comment


        #4
        Okay, you remain liable to the landlord until the expiry of your notice period. A dispute between tenants is not his concern as you are jointly liable. He could pursue your ex-housemate (xhm) for the full rent, but he does not have to.

        If you do end up having to pay rent for a period of time that your xhm prevented you using the property then you should look at suing your xhm for the financial loss.

        Is your XHM aware that your notice ended their tenancy too? Are they cross because they feel they are being kicked out and don't want to go?

        Comment


          #5
          With her being guarantor on the flat does that not contribute to anything or?

          I believe she's in talks with the landlord to start a new agreement, she's already looking for new lodgers...

          Comment


            #6
            Originally posted by ChrisGwynne View Post
            I have a joint tenancy agreement with my friend
            ...
            Any help?
            I'd defiantly unfriend this person on facebook. Im not sure if you could persue anything for the premature "eviction" (maybe), considering you did not want to live their any longer perhaps best to move forward and request a letter from LL confirming end of all your liability (and guarantor if hand one) after your notice expires (and make them aware anyway of events).
            Perhaps too a reference, why not

            Comment


              #7
              Whilst yes I was planning to move out, the decision to do so and when is up to me. But she's made it clear through phone calls and text messages that she doesn't want me on the property, even though she's not legally allowed to stop me... I've had to incur moving costs for my stuff as well as payments for temporary accommodation for myself whilst I sort out something more permanent, as I'm 2-3 weeks ahead of schedule of my plans of moving...

              Comment


                #8
                The unneeded stress of moving home compounded by it being sudden eviction resulting in some financial loss perhaps. Im sure if you account for the monetary burden with the SMS evidence that a solicitor will give you advice.
                for me, id probably pass a that choice depending on the monetary value.

                Comment


                  #9
                  The guarantor situation changes nothing in relation to your current situation.

                  Comment


                    #10
                    Furthermore to this... Originally the landlord stated that during my notice period I'm still able to come and go with the flat as I please, despite being turfed out by my friend. However I've gone round today and the locks have been changed. Despite no prior notice to me about this. Do both parties have to be informed on a joint tenancy agreement?

                    Also some of my stuff is still inside the property and I'm denied entry to regain. Also they are keeping my mail...again an illegal act.

                    Comment


                      #11
                      Sorry, I can't quote on legalities etc. Regarding post. You can go to the sorting office or go on line to royal mail and have your post redirected - it's about £8 per month I think.

                      Comment


                        #12
                        Locks:

                        If the lock change has been organised by the landlord, then he has an obligation to advise 'the tenant' but is it is a joint tenancy then that is either/or.

                        It is, of course, possible that your co-tenant is the one who changed the lock.

                        Comment


                          #13
                          You were not kicked out.
                          You took your belongings and left.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            In a joint tenancy, all joint tenants are jointly and individually liable for all of the rent. The whole point of a guarantor is that he is a third party who agrees to be liable for the T's unpaid rent etc. Your flatmate is liable anyway, as one of the Ts, so it's pointless for her to be guarantor as well. In any case, it has no effect on your contractual liability for rent.

                            I take it that you gave written notice to the landlord? In that case, the joint tenancy will legally end at expiry of your notice and your liability for rent will end at that point. But you're still liable in spite of your flatmate's actions, which are nothing to do with the LL.

                            You say you "collected [your belongings] and left" so, as thesaint says, you appear to have voluntarily vacated. The flatmate's "demand" that you leave wasn't an order you were forced to obey, unless she used physical violence or threats of violence.

                            It's different now that she has [apparently] changed the locks.

                            You may have a case to claim against her for the rent you paid/will pay for the period during which she prevented access; you may even have a claim for other losses, e.g. the temporary accommodation, but you would need to seek legal advice, especially as you weren't actually forced to vacate, but apparently chose to do this.

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