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string
01-02-2008, 12:09 PM
Hi,

Need some advice if possible.

Where do things stand if a couple get a joint tenancy agreement (via a letting agent) and subsequently the relationship breaks down. Is there any legal standing on who has more rights to stay in the property or a way of having the original agreement amended ?

They are only 2 months into a 6 month agreement.

Thanks in advance.

pcwilkins
01-02-2008, 12:28 PM
Where do things stand if a couple get a joint tenancy agreement (via a letting agent) and subsequently the relationship breaks down. Is there any legal standing on who has more rights to stay in the property or a way of having the original agreement amended ?

There is only one 'tenant' which is made up of two people. They both have equal rights to stay in the property.

If one wants to leave, they can, but they both still remain jointly and severally liable for the entire rent and for the other contractual obligations.

I believe it is possible to amend the AST but it might be just as easy to create a new one for the tenant who wishes to stay.

Peter

string
01-02-2008, 12:31 PM
Cheers for the reply.....

What would the situation be if one of them will not leave ?

Basically my sister and her boyfriend have split up, he is refusing to leave. The flat is in both names but most of the financing comes from my sister.

Cheers again.

pcwilkins
01-02-2008, 14:11 PM
What would the situation be if one of them will not leave ?

They just have to put up with each other. Shouldn't be too hard, seeing as up until fairly recently they were obviously quite friendly.


Basically my sister and her boyfriend have split up, he is refusing to leave.

And presumably your sister is also refusing to leave. They obviously don't dislike each other that much, then...


The flat is in both names but most of the financing comes from my sister.

The financing comes from "the tenant" --- as far as the law is concerned it makes no difference which person in "the tenant" actually pays it. As far as I know, anyway.

If you're asking whether your sister can force her friend to leave, the answer is no. They both have the right to stay, at least until the end of the agreement.

This kind of post always makes me not know whether to laugh or be depressed. What happened to that thing called commitment? Or has NuLabour made it illegal now?

Peter

string
01-02-2008, 14:35 PM
Thanks Peter,

I thought as much she would not stand anywhere legally.

It's not a case of he won't move out because he wants to works things out, more a case he has no where else to go.

I make you right on commitment, but unfortunately you have a lot of scum out there and it's only by living and learning you find these things out......and unfortunately my sister has !

Reason she wants him to move out rather than her is that he cannot afford the flat on his own, where as she can. He's the one been in the wrong and doesn't see why she should move out.

Beeber
01-02-2008, 17:55 PM
I guess your sister can negotiate with the landlord to be the sole tenant via a new AST when the current one expires but assume if the boyf stays on regardless, then it's a potentially painful and expensive eviction process.

Also, your sister can consider leaving at the end of the existing tenancy contract but there have been debates on this forum about whether or not the leaving joint tenant is still responsible for the payment of the rent if the other joint tenant elects to remain in the property. Unfortunately, I can't remember the conclusion/advice on this.

Bel
01-02-2008, 18:33 PM
Also, your sister can consider leaving at the end of the existing tenancy contract but there have been debates on this forum about whether or not the leaving joint tenant is still responsible for the payment of the rent if the other joint tenant elects to remain in the property. Unfortunately, I can't remember the conclusion/advice on this.

Frankly I'm disappointed you have forgotten Beeber! :p

In a nutshell; its up to the LL to be on the ball.After the fixed term, notice from either tenant will end the current tenancy. But if landlord does not renegotiate what is to happen, any inaction will allow the remaining tenant to assume that a new sole tenancy has been created .

I advise serving a s21 to end the tenancy at six months, and create a new tenancy for sister afterwards. Although I'm not sure if the sister would be able to evict her co-habitee who would become a tresspasser after that date. Perhaps she should get an injunction in case. Any thoughts on this?