Joint tenant refuse to move out after they give notice to terminate contract

pmlindyloo

ziaja wrote: »

Situation:
I and 1 other tenant signed a joint tenancy with a land lord (LL) through a letting agent (LA)
We have stayed in this tenancy for 2 years, the tenancy has 6 month fix contract and then monthly rolling contract. So we are not having fix term contract restriction now.

My flat mate give notice to terminate the joint tenancy and told me and the LA that she would move out by 15 August 2018.
I contacted agent and told them I would want to stay and pay full rent by myself. LA agreed, as my salary is enough to cover the whole flat. I then signed a renewal contract with LA that does not contain my flat mate's name. The contract is still a rolling monthly contract, so I am not committed to any fixed term renting period.
On the 15 Aug, I paid back my flat mate all her security deposit that she contributed at the start of the tenancy from my own pocket.
However, now at 18 Aug, my flat mate refused to move out, and refuse to pay rent & utilities bill, she told me she will moved out next week, but it seem like she does not have intention to do so.
Could you please give me some advice about, what would be my option here? Is that the LL's responsibility to evict her, or is that my responsibility to sue her?

It seems the OP paid the deposit from her own money and that the full deposit still remains protected which the OP will get back once their tenancy ends.

ziaja

custardy wrote: »

you change the locks & retain the landlords old locks for moving out.
Its good practice to change the locks on a rental as who knows who had keys and how many previously.
When I rented and moved a lot,I just swapped the yale type lock at moving in and swapped back when moving out.

Thank you for your advice:
It could be understood that I can physically change the locks. However, I would like to know is that legally acceptable for me to change the locks? Can I be sued for harassment? Can the LL be sued for unlawful eviction and then the LL sued me for the damaged as he loss the case ?

parkrunner

Get a friend to stay for a while and use the flatmate's room.

pmlindyloo

ziaja wrote: »

Thank you for your advice:
It could be understood that I can physically change the locks. However, I would like to know is that legally acceptable for me to change the locks? Can I be sued for harassment? Can the LL be sued for unlawful eviction and then the LL sued me for the damaged as he loss the case ?

Contact Shelter tomorrow. They should be able to advise you.

https://england.shelter.org.uk/get_help

And please come back and tell us what they say!

PS. Have a pen and paper ready to write down what they say and then read it back to them to make sure you have understood correctly

G_M

You change the lock and lock her out. What happens:


1) she goes to police. They pop round ad you show them your copy of the new tenancy agreement showing you are the sole tenant. You explain she was trespassing. The police go away muttering about 'civil dispute not criminal' and 'wasting police time'


2) she makes a claim of illegal eviction against the landlord.
The landlord tells the court
a) the tenancy had been legally ended by her notice) and
b) he did not evict her - he took no action
Court throws out the illegal eviction claim


3) she makes a claim of illegal eviction against you
You tell the court

a) you have a sole tenancy in your name
b) she's never paid rent nor been asked for rent (DO NOT ASK HER FOR RENT)
c) she's trespasing in your property
Court throws out the illegal eviction claim

G_M

See


https://www.youtube.com/watch?v=LA580cRHXDY


https://www.youtube.com/watch?v=V1WP3o4jAFc

saajan_12

G_M wrote: »

The risk is that
C. The 'guest' might scream illegal eviction from his AST

Even if this is interpreted as the original tenants from the joint AST haven't left yet, the guest would be 'illegally evicted' by their joint tenant, not by a LL. They may be able to show Police the original AST to regain entry (which could easily be refuted by OP showing their more recent AST).

Even if we ignore the new tenancy, the friend no longer has occupation rights in the property (based on served & accepted notice) so an occupier (OP) can evict them by serving reasonable notice and then changing locks (reasonable ~ few days since the friend already intended to move on 15 Aug)

TBagpuss

OP, I think you also need to address the issue with the deposit. Did you get a receipt for the money your paid your housemate? Has she given you signed authority to receive the full deposit back at the end of your tenancy?

I think that the landlord should have refunded her when she vacated and then protect your deposit separately, as you have a new tenancy. If it is still held in joint names your ex house mate could potentially be entitled to reclaim it (or her share of it)

G_M

The deposit is a separate issue, but I agree it needs addressing. I would suggest waiting till the issue of the occupation by the ex-joint tenant is resolved though.


In due course, OP should ask the landlord to formalise the arrangement of the new tenancy:


* the old deposit should be returned and the registration ended. Since the OP has already paid the ex-joint tenant their share, the ideal solution is for the LL to pay the old deposit in full to the OP
* a new deposit should be taken from the OP and registered by the LL
* for simplicity, the 2 actions above could be combined so that £ does not actually change hands - but the registration must be changed.
* if the LL fails to register the new deposit for the new tenancy, in the OP's sole name, within 30 days, he can not serve a S21 in future and is liable for the penalty.
* of course, if things stay as they are, he may argue no deposit was paid for the new tenancy. But that begs the quesion of why the deposit for the old tenancy was never re-funded.
* if the LL has any sense, he will also complete a new inventory for the new tenancy. He cannot rely on the previous one when the final check-out takes place in due course! But that is not an issue for the tenant.
* similarly, he should give the new tenant:
- gas report
- EPC
- gov leaflet
etc
THIS IS A NEW TENANCY.

HampshireH

Does the new tenancy actually preceed the old one if the person who gave notice never left?

In theory the tenancy ended, property should be checked before new tenancy being signed /issued.
If thectenant didnt return keys/leave etc and the deposit not claimed the OP has just gifted an amount of money with minimal audit trial.

The 2nd tenant could claim their deposit back via the scheme if they choose as they in theory ended the tenancy.

It's all got a bit complicated