Think i'm still on tenancy agreement at ex's house

Kt13

Can anyone give me guidance on to how to go about this properly please.

Nov 2011 moved into a private rented house with ex partner whilst pregnant. Joint tenancy created and signed 26/11/11

I was kicked out the house by ex, 5/5/13. entered refuge, and when I saved up enough got my own private rented house with son in July 13.

I have written to the old landlord, she claims ex has removed me from tenancy. I have written to old estate agents, they state that ''We have no correspondence from Mrs **** with regards to the tenancy being changed at any time.

So I'm not sure if I'm on there or not. LL says no I'm not, estate agents say yes I am.
I have no wish to return to the house in question, nor do I have a wish to be liable for any bills. Anyone experienced this before?

Would I be within my rights to try and surrender the tenancy, and do I stand a chance of getting my contribution to the deposit back?

Thanks

RAS

Is the deposit protected and were you sent the prescribed information?

In whose name was the deposit protected as it may be your ex in which case the money would go back to him and you would have to extract it from him.

Kt13

Thanks for the reply.

The tenancy deposit was protected, and both names are shown on the deposit certificate.

I hold a copy of certificate which shows this.

TBagpuss

What I would do is write to your ex and say you are willing to sign the tenancy over into his sole name subject to his paying you 50% of the deposit. State that you require sight of confirmation from the landlord and agency that this has been done, and give a deadline ( I would suggest 14 days initially, he can always ask for an extenstion)

If he does not do so, then write to the agency formally giving notice and requesting return of the deposit. In your letter state that you are willing for the deposit to be divided but do not authorise any payment in joint names, or for any more than 50% to be released to your ex. This will terminate the tenancy and it is then up to the landlord as to whether they offer to re-let toyour ex as a sole tenant.

Check your tenancy agreement to see what notice period you need to give.

If you have not already done so, contact each of the utility companies directly to let them no you have moved out - you are liable for any bills in your name (or joint names) regardless of whether or not you are in the property, so make sure that they know you are no longer there. They may send a final bill but beyond that you won't be liable.

RAS

Kt13 wrote: »

Thanks for the reply.

The tenancy deposit was protected, and both names are shown on the deposit certificate.

I hold a copy of certificate which shows this.

Is this a fixed term rental or periodic?

If fixed term when does the term end?

rpc

To be honest, if you have something in writing from the landlord stating that you are no longer party to the tenancy agreement then keep that safe and forget about the rest. You can use that if anyone ever tries to claim something against you.

If you give notice to quit and ex remains in possession after the notice expires, you will jointly and severally be liable for distress of rent (i.e. double rent).

Prothet_of_Doom

Kt13 wrote: »

C

I have written to the old landlord, she claims ex has removed me from tenancy.


I have no wish to return to the house in question, nor do I have a wish to be liable for any bills. Anyone experienced this before?

Would I be within my rights to try and surrender the tenancy, and do I stand a chance of getting my contribution to the deposit back?

Land Lord Responded in writing ? Contact Letting agent, with copy of letter from Land Lord and ask for your share of deposit back. In your letter, Give them 28 days, and then inform the DPS. I'm not sure if you can expect the Letting agency to give half of a joint deposit back, but get the DPS to tell you officially that, and then write to ex asking him for half the deposit.

dancingfairy

I'd probably give shelter a call just to double check things.
The landlord is normally the one you actually have the agreement with (and the agents are just that, agents). Neither the landlady nor agents are required to have any legal qualifications though so best to call Shelter.
df

dancingfairy

What should have happened, is if the landlady had accepted your notice to end the tenancy then your tenancy should have been terminated properly and you should each have received half of the deposit back and then you should have started a new contract with just your ex and taken an appropriate deposit from him.
df
Edit: if the contract had rolled on to a periodic tenancy then either party to a joint contract (you or the ex) could have given notice and it would be valid for both of you. If you are in a fixed term with no break clause activated then things are different and I think normally all partied would then have to agree an early surrender or variation on the contract. Clearly in a domestic violence case things aren't going to be that easy and there may well be different ways of dealing with it in this instance.
Therefore to be on the safe side you should get proper advice and phone Shelter.

Kt13

Thanks for the replies everyone.

The LL has stated verbally that I am not on there any more, and have no access to the house. But there is still a tenancy agreement in force!

It was a 6 month tenancy initially, that then rolled over month to month until either party gave notice. One of them agreements.

I dealt with the estate agents initially as the LL speaks very limited English.

RAS

if the LL has agreed [STRIKE]early surrender[/STRIKE] to terminate the (joint) tenancy they are obliged to return the deposit. Have they done so?