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Joint Tenancy legalities
Hi all,
Before I start I haven't yet had a thorough read of my tenancy agreement as it will be difficult to do it without being seen. What I basically want to know is - Is there anyway to get someone removed from a tenancy and then serving them with an eviction order? I don't know whether this is possible and if it is how could I go about it? Thank you in advance
Before I start I haven't yet had a thorough read of my tenancy agreement as it will be difficult to do it without being seen. What I basically want to know is - Is there anyway to get someone removed from a tenancy and then serving them with an eviction order? I don't know whether this is possible and if it is how could I go about it? Thank you in advance
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Could you afford the rent on your own, because in alot of ways that is all most landlords are botherd about
Its now on a rolling month to month tenancy. The landlord doesn't concern me too much they are approachable and fair and easily contactable it's more my ex that concerns me if she were to give notice would I have to go as deposit was paid half each?
I don't think I could stretch to it on my own, I could if my landlord agreed to me getting another joint tenant in like a friend or a colleague.
From my understanding, if you changed the locks, then your ex could get a locksmith to gain entry. She could then reclaim the cost from you. The police would be involved, and the ex would gain entry within the hour. No need to go through courts, to gain entry to a property they live in legally.
I would call the cops first, to get you to open the door, if that didnt work, call out the locksmith. He would gain entry with minutes. Changing the locks is a bad idea.
The landlord would have to register your deposit with a government scheme like the DPS. The landlord has to specify a lead tenant. The landlord will ask who wants to be the lead tenant, of they didn't they may well have used the details of the tenant at the top of the paperwork. The lead tenant would then receive an email stating the deposit has been registered. If you didn't get the email, then it's your ex.
This is assuming the deposit was registered.
Yes, she will get all the deposit that the tenants and landlord agree should go back to the tenants. Its then upto the lead tenant to distribute the deposit to all the other tenants. If she doesnt give you your share back, then you will have to take legal action to get it back. This is one of the downfalls of the scheme.
However the government makes out its to protect the tenants, however its there to primarily inform the government who is letting out a house, and thus has additional income that can be taxed.
Bear in mind the landlord may not have registered the deposit. If I was you I would ask the landlord if he has registered the deposit. If he hasnt, he can be in a spot of bother. If he has, ask him which scheme he used.
If the landlord has registered the deposit, then he must have asked for an email address. He enters this when he registered the deposit. The lead tenant then gets an email, and the lead tenant then registers with the scheme and links his account to the landlords deposit. That way the deposit has a landlord and a tenant.
I would check the email you supplied and see if you have any such emails. If you havent, then maybe it went your partner. As suggested earlier, I would ask the landlord who the lead tenant is.
This does depend on how the landlord works. He may just send an email with the prescribed info, and ask the tenants to reply with the lead tenant. Or he may simply tell them the prescribed info when the move in and ask who wants to be the lead tenant.
As far as I am aware nothing has to be signed. Although that will make it easier if the lead tenant does a runner with the deposit. If that happens, its got nothing to do with the landlord, so why have a signed piece of paper that doesnt really mean anything?. I prefer not to have paperwork, if its not required.
To quote the DPS from their website, in answer to the question "When do I have to give the Prescribed Information to my tenant(s)?" their answer is:
"The agent/landlord must ensure that the Prescribed Information is correctly completed and served on the tenant(s) within 30 days of the agent/landlord receiving the deposit. The tenant(s) must be given an opportunity to check and sign the Prescribed Information. This is requirement of Tenancy Deposit Protection legislation under the Housing Act 2004."
Ah ok fair enough. I normally just send an email with the prescribed information, and get them to reply with the lead tenants details. Nothing gets signed, but I guess with them replying via email they have acknowledged the info.
Granted its not 100% correct, according to the DPS site...but not a major issue.