(Scotland) how does a joint tenancy end if one person doesn't want to move?

dekaspace · 10 October 2017 at 6:18PM

Have 2 friends and one has mental health problems and been agressive with his flatmate, hasn't paid his half of rent due to mentioned mental health issues but going forward now has a housing benefit clain in place and being paid direct to landlord. (shame that his flatmate had to pay his half of 6 months rent and £50 a month council tax for him though)

Because of this and the mental health issues from his flatmate (and his drinking) friend wants to move to another property on his own.

Since its a joint tenancy do they both need to hand in notice? Assuming the one with mental health wants to stay what difference is that? I.e can my other friend hand in notice hes moving out thus not be responsible say in future if friend 2 doesn't pay rent. or does a whole new contract need to be signed?

Dorian1958 · 10 October 2017 at 7:48PM

Ask your friend to check the tenancy agreement, in the case of a joint tenancy I suspect it will state that both tenants are"jointly and severally liable" for the rent. Which means if your friend moves out and does not contribute their share of the rent, the other tenant is responsible for the whole amount. From your post this would put the m in a very difficult position (due to being on HB) and therefore likely to struggle to pay the full amount, leading to the consequences of breaching the tenancy, including possible eviction. IMO it would be best if your friend discussed his views with the other tenant and they then gave notice iaw the tenancy agreement.

dekaspace · 10 October 2017 at 8:14PM

Dorian1958 wrote: »

Ask your friend to check the tenancy agreement, in the case of a joint tenancy I suspect it will state that both tenants are"jointly and severally liable" for the rent. Which means if your friend moves out and does not contribute their share of the rent, the other tenant is responsible for the whole amount. From your post this would put the m in a very difficult position (due to being on HB) and therefore likely to struggle to pay the full amount, leading to the consequences of breaching the tenancy, including possible eviction. IMO it would be best if your friend discussed his views with the other tenant and they then gave notice iaw the tenancy agreement.

If friend moved out then the other would get full housing benefit, when both were getting housing benefit they got half the exact monthly rent.

Speaking to this guy gets nowhere, his mental health is that bad, he could of got ESA and DLA, bus pass, social worker etc months ago but refuses to do anything about it and lets others do it all for him, the last straw was he spent £100 on a trip to visit his relatives despite owing his flatmate over £1000.

The friend who now works has told the one with issues that if he wanted to move out at any point just tell him as its better for him and he will wipe the arrears rather than make the one with issues live somewhere he doesn't want to be.

Oh and shall I start a new thread, the working one has found a new place but the terms from new agency state that a financial commitment must be made before he can get property (nothing mentioned about credit check) and this costs money, if the agency decides the applicant is unsucessful the tenant will lose the money already paid.

This sounds like fees to me and a warning sign!

Im guessing them wanting to see 3 months wage slips or work contract is normal though? and passport/driving license?

davidmcn · 10 October 2017 at 8:19PM

dekaspace wrote: »

This sounds like fees to me and a warning sign!

Shouldn't be charging them any fees in Scotland.

theartfullodger · 10 October 2017 at 8:56PM

In Scotland, unlike in England, to end a joint tenancy ALL joint tenants really should notice, identical terms & expiry date.

I had great difficultly getting 3 students to do so... Sigh!

See the words of the experts...
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy

Dorian1958 · 10 October 2017 at 9:20PM

You don't mention in your original post that they both originally qualified for HB, are you saying that the original tenant will be able to pay the entire rent from the full HB if your friend moves out? I am sorry, they have entered into a joint tenancy, it cannot be ended without them discussing the matter. I f one wants to stay, and assuming that the HB will cover the entire rent, then why not approach the LL with the proposal that they both give notice, then the one who stays is issued with a new tenancy. Of course that is up to the LL to accept, but faced with the possibility of a void, it might be an acceptable alternative.

In Scotland, it is illegal to charge prospective tenants any fees, for references etc, are you referring to a deposit?

dekaspace · 11 October 2017 at 1:57PM

The one with issues knows the other is moving thats no problem but due to his mental health problems he likes to play games, one minute hes coherent and agrees with everything you say, others he won't even do the simplest task and wants everyone to pick up the pieces.

Anyway I spoke to HB and they said just report change in circumstances when it happens.

And yes that was my original thought, approach LL and ask the one with issues to sign a new contract, but then it will be getting him to do it as even when moving in we had to drive him to landlord to get him to sign, and worried he may refuse to give notice in if other wants to move.

And no, the wording on new agent is confusing, it can be interpreted as a deposit but then mentioning is application is unsucessful it will be kept seems to be more its a fee.

What I was saying about HB is that the max LHA for the property even at sharted rate covers the rent, (rent is like £63 a week LHA is £64) so after he would be reassessed he would get full rate.

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(Scotland) how does a joint tenancy end if one person doesn't want to move?

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