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

2

Comments

  • Kt13 wrote: »
    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! Who is saying there is a tenancy still in force? the letting agents I assume?

    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.

    If the ll speaks poor english then I would assume that her grasp of tenancies/english law is probably also not great.
    df
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  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kt13 wrote: »
    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.

    WRITE - pen and paper - to the LL confirming what s/he has said

    1. That you are no longer a tenant
    2. You no longer have access to the house
    3. That the tenancy has passed to another person/people

    Ask for her to return half the deposit to you.

    And in the mean-time request the deposit back from the scheme.
    If you've have not made a mistake, you've made nothing
  • Kt13
    Kt13 Posts: 86 Forumite
    The letting agents are stating there is still a tenancy agreement in force.

    My ex is now resident on his own in the house this concerns.
  • Kt13
    Kt13 Posts: 86 Forumite
    RAS wrote: »
    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?

    No they have not.

    They have just told me verbally that 'I don't live there any more', and allowed my ex to stop in the house.
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 September 2013 at 2:45PM
    Kt13 wrote: »
    No they have not.

    They have just told me verbally that 'I don't live there any more', and allowed my ex to stop in the house.

    Which is NOT what you said above
    Kt13 wrote: »
    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 is important that you are clear about this.

    If you are still on the tenancy then neither your LL or your ex can prevent you entrying the house any time you like; you can call a lock smith if you need to remove personal belongings for example. But you remain liable for the rent.

    If you have no access to the house then you are not on the tenancy and you are not liable for the rent.

    What date did the tenancy start? When was the end of the fixed term (exact date).

    Do you have an address for the serving of notices?
    If you've have not made a mistake, you've made nothing
  • Kt13
    Kt13 Posts: 86 Forumite
    RAS wrote: »

    It is important that you are clear about this.

    If you are still on the tenancy then neither your LL or your ex can prevent you entrying the house any time you like; you can call a lock smith if you need to remove personal belongings for example. But you remain liable for the rent.

    If you have no access to the house then you are not on the tenancy and you are not liable for the rent. I do not hold a key to the house, it was removed from me in may.

    What date did the tenancy start? When was the end of the fixed term (exact date). 26th November 2011, for a period of 6 months, then monthly until either party gave notice.

    Do you have an address for the serving of notices? Yes I do.

    I apologise if I have not been clear. I just want it sorted.
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 September 2013 at 3:08PM
    OK

    Key removed by whom? The ex?

    Write now to the address for the serving of notices. Terminate the contract - you need to give one month's notice timed with the rental periods, so the leaving date is 25 October 2013. That terminates the joint and several liability.

    Advise them that you are not resident and have no key.

    You might want to add that your ex may wish to remain in the property. You may want to cc the EA if the LL's understanding of law is limited and could send a copy (minus postal addresses) to your ex but do not have to

    Ask for half the deposit to be returned to each party.

    Did the LL have a dual signed inventory done when you moved in?

    Excellent advice here

    Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
    If you've have not made a mistake, you've made nothing
  • Kt13
    Kt13 Posts: 86 Forumite
    Yes the key was removed by him.

    Ok I will put it in writing and get it in the post this week.

    Yes there was a dual signed inventory done when we moved in. We both had to initial each page.

    Thank you very much for your help.
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kt13 wrote: »
    Yes the key was removed by him.

    Ok I will put it in writing and get it in the post this week.

    Yes there was a dual signed inventory done when we moved in. We both had to initial each page.

    Pity about the inventory.

    In the absence of that the LL would have no chance of deductign annything from the deposit.

    I really wish your refuge had taken the time to explain and limit your liability earlier.
    If you've have not made a mistake, you've made nothing
  • Kt13
    Kt13 Posts: 86 Forumite
    I will formally give the months notice and see what happens from there.
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