Estate agent didn't remove me from TA

ComicGeek · 15 January 2019 at 8:49AM

Out of interest, and for the benefit of anyone else reading this in a similar situation, how do you 'make' the other tenant(s) move out when you want to end the tenancy? As that seems to have been the only way that the OP could have avoided this situation, but no one's mentioned how this could work in practice?

Would it only be the courts who has power to end the tenancy, if the tenants don't agree between themselves?

Chris_H123 · 15 January 2019 at 8:57AM

From what I've read and been told.

1) Other tenant in my case (father) moves out, which ends the tenancy agreement.

2) EA or LL to serve notice as the affordability isn't there.

If neither has been done (which happened in my case) then all names on the TA are liable until it has.

I'm sure someone will correct me if I'm wrong.

Comms69 · 15 January 2019 at 8:58AM

ComicGeek wrote: »

Out of interest, and for the benefit of anyone else reading this in a similar situation, how do you 'make' the other tenant(s) - again, just to be clear, 1 tenant; several people move out when you want to end the tenancy? - well you don't sign joint tenancies with people you don't know or trust; it's a good start. But the short answer is you cannot make them move out, and are at risk of paying double rent on the old property and any rent on your new property. As that seems to have been the only way that the OP could have avoided this situation, but no one's mentioned how this could work in practice? - in this situation the OP could've avoided it by ensuring that the agreement was changed.

Would it only be the courts who has power to end the tenancy, if the tenants don't agree between themselves?

Yes, but t's a paradox where the landlord is the only party who can seek a possession order, but obviously isn't obliged to as they're claiming double rent

Comms69 · 15 January 2019 at 9:00AM

Chris_H123 wrote: »

From what I've read and been told.

1) Other tenant in my case (father) moves out, which ends the tenancy agreement.

2) EA or LL to serve notice as the affordability isn't there.

If neither has been done (which happened in my case) then all names on the TA are liable until it has.

I'm sure someone will correct me if I'm wrong.

Any agreement can be ended or amended by consent. Serving notice was not the right move, as you left yourself vulnerable for double rent.

Out of curiosity why has your father not paid the rent? You can, at least in theory, pursue him for the money it cost you.

Chris_H123 · 15 January 2019 at 9:00AM

This is why it's vital you only get into a joint tenancy with someone you can trust, it's simliar to a mortgage!

Chris_H123 · 15 January 2019 at 9:11AM

Comms69 wrote: »

Out of curiosity why has your father not paid the rent? You can, at least in theory, pursue him for the money it cost you.

Only he can answer that question i'm afraid.

I'm debating whether I should use my savings to pay the CCJ (In double figures) but feel doing that gets him off lightly and feel he shouldn't be able to get away with it that easily.

Comms69 · 15 January 2019 at 9:19AM

Chris_H123 wrote: »

Only he can answer that question i'm afraid.

I'm debating whether I should use my savings to pay the CCJ (In double figures) but feel doing that gets him off lightly and feel he shouldn't be able to get away with it that easily.

if you don't, you have a ccj registered against you, for 6 years.

(when you say double figures, I assume you mean 5 figures?)

Chris_H123 · 15 January 2019 at 9:28AM

Comms69 wrote: »

(when you say double figures, I assume you mean 5 figures?)

Lol yes, double figures wouldn't be an issue.

Rosemary7391 · 15 January 2019 at 10:48AM

I don't think you paying the CCJ would affect any potential future action you wished to take against your father. However it would prevent adverse consequences for you - you'll struggle to get credit in the next few years if you don't pay up. So I'd pay it, then consider separately whether I wished to come to some informal arrangement with my father, or take him to court in turn (no idea how that would turn out, perhaps other posters could advise).