Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Release From Joint AST

Release From Joint AST

Postby Big_Trev » Tue Feb 07, 2017 2:20 pm

I left the my old property with 4 months left on a 12 month joint AST and both my ex partner and I requested with our landlady/agents for my name to be removed and she takes it on by herself, but the landlady refused to do this

The AST I signed ended in November but my ex still lives there and is on a monthly rolling contract but the landlady/agents still refuse to remove my name and hold me accountable for the property which I know since my leaving has fallen into disrepair

I also have money held in deposits I need releasing to put towards my nee property but again they refuse to budge and give me back what I am owed

Are they in the right?
Big_Trev
 
Posts: 11
Joined: Thu Jun 04, 2015 9:02 am

Re: Release From Joint AST

Postby atticus » Tue Feb 07, 2017 3:07 pm

yes, I think so. Your ex needs to top up the deposit and get a new AST in place.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Release From Joint AST

Postby dls » Tue Feb 07, 2017 3:45 pm

She was right not to remove your name from the original agreement. You agreed to pay the rent for the full term.

You need to make sure that it is noted that you have not renewed. A renewal of your tenancy can only be with your consent. It is possible (and may be likely) that you have done so, but we cannot say so from here.

As has been said, teh deposit needs sorting out, and may provide the most direct answer.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12196
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Release From Joint AST

Postby theycantdothat » Tue Feb 07, 2017 7:33 pm

It is correct that the landlord was not obliged to "remove your name" from the fixed term tenancy. Indeed she had no power to. Since the tenancy was an AST when the fixed term ended section 5 of the Housing Act 1988 applies. The effect of that is that if at least one tenant remains in occupation a new periodic tenancy arises under which the persons who were tenants under the fixed term are the tenants, even if they have left the property. However, one of joint tenants can bring a periodic tenancy to an end by notice to quit without reference to the other(s). In that respect therefore the landlord and agents are quite wrong. Serve a notice to quit and refer them to this case: http://swarb.co.uk/hammersmith-and-fulh ... -dec-1991/
theycantdothat
 
Posts: 1145
Joined: Fri Nov 02, 2012 7:36 pm

Re: Release From Joint AST

Postby atticus » Tue Feb 07, 2017 7:51 pm

Do be aware that doing so will jeopardise your ex's accommodation, and also any children living with her. That may or may not be a concern for you. Further if the full rent is not paid until the departure date, this would be likely to be taken out of the deposit.

I suggest that you think things through carefully.
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Release From Joint AST

Postby Big_Trev » Tue Mar 21, 2017 11:35 am

Hi thanks for the replies

The ex has given notice and will be leaving very soon, but I get a call from the agent who now inform me that the company who held our deposit in a deposit scheme have recently gone bust so all that money is gone and any money to pay for repairs and putting the property right will have to come out of our own pockets

Is this correct? Its not our fault the company went bust, we have paid over £1500 into now its gone and we are liable again
Big_Trev
 
Posts: 11
Joined: Thu Jun 04, 2015 9:02 am

Re: Release From Joint AST

Postby Voldemort » Tue Mar 21, 2017 1:12 pm

Big_Trev wrote: I get a call from the agent who now inform me that the company who held our deposit in a deposit scheme have recently gone bust so all that money is gone and any money to pay for repairs and putting the property right will have to come out of our own pockets

Is this correct? Its not our fault the company went bust, we have paid over £1500 into now its gone and we are liable again

This sounds like typical agent dishonesty - I expect that your deposit was never held in a deposit protection scheme and they're now trying to wriggle out of it.

I'm not an expert on this subject (many on this forum are however), but I understand that the agent/landlord was required to give you the name and contact details of the tenancy deposit protection scheme. The link below goes into more detail and potential options available to you.

https://www.gov.uk/tenancy-deposit-protection/overview
Voldemort
 
Posts: 328
Joined: Mon Dec 03, 2012 9:28 am

Re: Release From Joint AST

Postby diy » Tue Mar 21, 2017 1:52 pm

Get the agent to confirm via email what they are saying about the deposit, then you can use that to make a claim against the agent/landlord. Its their responsibility to protect your deposit failure to do so will enable you to claim 3 times the amount. Also if they are lying about the deposit scheme, I think I'd be inclined to involve the police as they appear to be attempting to commit fraud.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2575
Joined: Fri Nov 02, 2012 10:06 pm

Re: Release From Joint AST

Postby Smouldering Stoat » Tue Mar 21, 2017 2:45 pm

Were you given the Prescribed Information when you took up the tenancy? This would have identified the scheme that your deposit was held in. If not you may have a claim for up to 3x the deposit. There are only three approved schemes and none have gone out of business to my knowledge.

Call their bluff.
Smouldering Stoat
 
Posts: 6293
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Release From Joint AST

Postby dls » Tue Mar 21, 2017 4:14 pm

Were you given the Prescribed Information when you took up the tenancy? This would have identified the scheme that your deposit was held in. If not you may have a claim for up to 3x the deposit. There are only three approved schemes and none have gone out of business to my knowledge.

Call their bluff.


And see who the agent is registered with. They need deregistering.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12196
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Next

Return to Landlord and Tenant Law

Who is online

Users browsing this forum: No registered users and 1 guest