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gunnersglory
15-05-2009, 12:35 PM
Can a tenant/s (not the landlord) evict another tenant out of a property by stating they will refuse to sign the fixed term contract at the renewal date?

The 2 tenants in question are trying force me out - Person B, states that because of personality clash, im un-organised re: my room, & states i dont clean, even though i do. Person B has been there for 2 years. Person A is just standing by them (i dont have problem with Person A). Person A has been there for over 1 year. Person A is compulsive cleaner.
The landlord dosent know about the situation.

I have been there for 3 months, when the contract finishes i would have been there for 5 months.

Please not the room i rent was empty for roughly 2 months prior to me entering (Person A lied to me about this saying it was empty for 2 weeks), and there been 3 different other tenants in same room since Person B has been there.

Both Tenannt A & B keep a good chuck stuff not in the bedroom. Person A uses lounge to keep alot his non-essentials. Likewise for Person B stores all their stuff in hall way closet. I keep all my stuff in my room - unfortunately my room is not the tidest casue i study & work, alot paper + i'm also dyspraxic (this affects my co-ordnation & organisation skills), so it tends to pile up.


The contract is joint fixed agreement

Please help:confused:

dirtydavey
15-05-2009, 12:40 PM
Can a tenant/s (not the landlord) evict another tenant out of a property by stating they will refuse to sign the fixed term contract at the renewal date?

The 2 tenants in question are trying force me out - Person B, states that because of personality clash, im un-organised re: my room, & states i dont clean, even though i do. Person B has been there for 2 years. Person A is just standing by them (i dont have problem with Person A). Person A has been there for over 1 year. Person A is compulsive cleaner.
The landlord dosent know about the situation.

I have been there for 3 months, when the contract finishes i would have been there for 5 months.

Please not the room i rent was empty for roughly 2 months prior to me entering, and there been 3 different other tenants in same room since Person B has been there.

Both Tenannt A & B keep a good chuck stuff not in the bedroom. Person A uses lounge to keep alot his non-essentials. Likewise for Person B stores all their stuff in hall way closet. I keep all my stuff in my room - unfortunately my room is not the tidest casue i study & work, alot paper + i'm also dyspraxic (this affects my co-ordnation & organisation skills), so it tends to pile up.


The contract is joint fixed agreement

Please help:confused:

For me I would say you should leave. Does not sound like it will get any better. Dongt let person A or B into your room, then they will have no idea how clean or tidy it is any way.

gunnersglory
15-05-2009, 12:44 PM
what are my legal rights?
the door on my room is wrapped. I have slam door to keep it shut Person B dosent like it, however, Person A does the same thing to his door.

and what happens when comes signing a new contract, can the tenants withhold the contract?

gunnersglory
15-05-2009, 12:48 PM
Person A is starting 2 be bastard (putting music up at full volume & other annoying things), however, i plan play him at his own game, plus i'm writing all incidents in diary.

Person B normally gets Person A to their dirty work, B communicates A to speak to me.

B is female (not english)
A is male (english origin)

Beeber
15-05-2009, 12:58 PM
In short, the other tenants cannot directly evict you but you may find that the landlord asks one or other or all of the tenants to leave at the end of the fixed term, it is up to them who they renew the tenancy with and they do not have to offer any reasons why.

Here is some helpful info from the Shelter website.


How an assured shorthold tenancy can be ended
This can happen in one of three ways:

you and your landlord agreeing to end the tenancy (known as surrender)
you serving a valid notice
your landlord taking action to evict you (see below).

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

If a one joint tenant ends the tenancy, everyone will have to leave unless those that want to stay can negotiate a new tenancy with the landlord. This is a complicated area and you should get advice.

Similarly, the landlord cannot evict one joint tenant without evicting all of you. However, s/he may decide to offer a new tenancy to the remaining tenants once the original tenancy has ended. Talk to your landlord about this if you want to stay.

If the tenants have disagreements, they are responsible for sorting them out between themselves. Only in extreme cases will the landlord or anyone else get involved.


http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/whose_name_the_agreement_is_in#1

gunnersglory
15-05-2009, 13:05 PM
thanks for the advice, seems a bit messy - would CAB help me?

Person A stated since they have been there longest they are the principal residence, so i should leave. how true is this statement?

if no-one signs could the landlord issue S21 on all 3 of us.

Beeber
15-05-2009, 13:57 PM
thanks for the advice, seems a bit messy - would CAB help me?

Person A stated since they have been there longest they are the principal residence, so i should leave. how true is this statement?

if no-one signs could the landlord issue S21 on all 3 of us.


Yes, CAB or Shelter can give you free advice for you to understand your rights. It's not particularly messy or complicated - it's simply a matter of negotiation and discussion between tenants and landlords with the ultimate decision made by the landlord about whether or not to renew the tenancy and which tenants it will be offered to.

It is clear that the 2 other tenants do not wish to live with you. Tenant A does not enjoy any legal advantages from having the longest tenancy. Realistically though, in tandem with Tenant B, they may be able to influence the landlords decision or the landlord may decide that all must leave if it looks like the tenancy has broken down or thinks the behaviour of the other two are causing a rapid turnover of the third tenancy.

In advance of the expiry of your fixed term agreement, you should consider contacting the landlord to express an interest in having a new agreement or advise them if you plan to leave.

You need to consider if you can endure living in a property in conflict with the other tenants. You could consider holding a household meeting to discuss resolve the issues around storage of personal belongings, noise and cleaning and to establish household rules. Here is a handy link from Shelter about problems with housemates

http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/problems_with_housemates

For a joint tenancy,"If one of you wants to leave and gives the landlord notice to end the agreement, it will normally be ended for everyone. This does not apply if you have a fixed term agreement, and if one of you wants to leave, those who want to stay could try to negotiate a new agreement before the original one ends. "

http://england.shelter.org.uk/get_advice/renting_and_leasehold/renting_agreements

When a fixed term agreement lapses without a new one being signed, it automatically becomes a periodic tenancy so continues on the same basis as before. To end a periodic agreement, you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy and ensure that the notice ends on the first or last day of the period of a tenancy. For a landlord, they must give 2 months notice to the tenants.