Tenancy Assignment Rules

Marcus79

Hi,

Can anyone help me with some advice needed please?
I have recently moved to my mums (temporarily, hopefully) because me and the wife are going through a rough patch. We have a joint tenancy agreement on a periodic tenancy agreement. However, the landlord has created a new tenancy agreement, which my wife has signed, that does not include me. All this has been done without my permission or knowledge. Is this legal?
I have only been at my mums for no more than 2.5 months.
I am worried that if I was to take any belongings, like MY 48" TV for example, my wife could have me prosecuted, and plus that my wife could just throw all my things out and I've lost my home that I've worked very hard to make nice with nice things inside.

Thanks.

pmlindyloo

Marcus79 wrote: »

Hi,

Can anyone help me with some advice needed please?
I have recently moved to my mums (temporarily, hopefully) because me and the wife are going through a rough patch. We have a joint tenancy agreement on a periodic tenancy agreement. However, the landlord has created a new tenancy agreement, which my wife has signed, that does not include me. All this has been done without my permission or knowledge. Is this legal?
I have only been at my mums for no more than 2.5 months.
I am worried that if I was to take any belongings, like MY 48" TV for example, my wife could have me prosecuted, and plus that my wife could just throw all my things out and I've lost my home that I've worked very hard to make nice with nice things inside.

Thanks.

Since you were on a periodic tenancy then your wife could have ended the tenancy herself as a joint tenant. Then the landlord can create a new tenancy with just her on it.

Or she could have said you abandoned the property..

Read this:

https://england.shelter.org.uk/housing_advice/private_renting/how_tenants_can_end_a_fixed_term_tenancy

Either way, she or the landlord have done nothing illegal.

Have you tried to get your property back?

Have you been paying rent on the property?

Marcus79

Thanks. Yes I have been paying the rent up until this housing benefit comes through (whenever that is). I don't want the property back as we have kids and this is there home. Ideally I want to go back home.

G_M

A periodic tenancy can be ended with proper notice provided by any one of joint tenants. If your wife served proper notice, then the LL can create a new tenancy with whomever he wants.

If the jont tenant (your wife) requested an Early Surrender of the joint tenancy (ie ending it without the required notice period) then that would have required the consent of allparties ie both joint tenants and the landlord. Without such consent from you, the Early Surrender could not have takedn place so a new tenancy could not be created.

However, whether you know exactly what arrangement your wife/LL made is another matter. Thetiming might help you determine whether proper notice was served.

pmlindyloo

You need to find out when you were removed from the tenancy.

From this date you are not liable for the rent especially if your partner has applied for housing benefit as this would be backdated to the start of the new tenancy.

However, are you paying child support? If you are then you can ask your partner for the return of any rent that you were not liable for.

If you are not paying child support then you could offset the rent you are owed against what you should be paying.

All a matter of negotiation with your partner.