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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A and B have a joint lease(assured shorthold tenancy) which

Customer Question

A and B have a joint lease(assured shorthold tenancy) which started Oct 6 2012 and expires Oct 5, 2014. B went behind my back (I am "A")and told the landlord(LL) that I had left the UK and disappeared without a trace, cannot be contacted .These are lies and I can prove I have been in the country and have not abandoned the lease. Second reason the LL gave for taking my name out of the lease was that B can show that he paid for the rent out of our joint HSBC bank account( this is also not a valid reason since under joint tenancy laws, A and B are both liable for rent and is irrelevant even if A has not paid the share of the rent) The LL and B claim that a new lease has been made for B as sole tenant and the locks have been changed preventing me , A from entering the premises. I have not been duly notified nor have I signed anything to agree to taking my name out of joint lease. Mydeposits.co.uk shows that the £2700 deposit is still protected under both A and B's names as joint tenants expiring Oct 5, 2014 which goes to proof that our joint lease for that particular flat is still valid ? I feel the landlord and B are in violation according to the terms of the joint lease and the landlord has not exercized the break clause properly and has been avoiding me instead of replying to my emails. He called me once to tell me why I (A) have been taken out of the joint lease. Both the Landlord and B are still saying I should simply go away and forget about the old joint lease. I feel my rights have been violated and locked out of the flat when I am still a legal joint tenant until Oct 5, 2014. What legal recourse do I have to take legal action against the Landlord and B who is now the "sole tenant " after lying to the landlord? Both are avoiding me now.Thanks, XXXXX XXXXX would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Can you show you continued to live there please?
JACUSTOMER-y0ppsvt1- :

I travel freequently and even if I have another flat 7 mins away, I can show proof I have been there constantly throughout from Nov 2012 to Oct 2013. B told the landlord i have been gone since Nov 2012. Truth is that I have been i n hospital twice in april and June 2013 and on hospital records discharged to B (My b.f and fiance) twice and recuperated there. Anyhow does it matter how many days I stayed in that flat? I am in a joint lease with private landlord and that lease I maintain is valid. I can have a neighbor prove that she was asked to look after the 2 cats in a august 2013 while B , his dad and I were on vacation in cornwall together!!

JACUSTOMER-y0ppsvt1- :

B and I moved to the UK (we are swedish citizens exercizing treaty rights to live in the UK as EU nationals) B and I are registered partners under Swedish law but are constantly arguing after we moved to the UK. B has lied to the landlord to get a new lease under his name as sole tenant (recently, I believe as of Nov 2013)

JACUSTOMER-y0ppsvt1- :

The locks have been changed on me and I was told I have no legal right to enter that property since the new lease doesnt have my name on it.

Alex Watts :

Have you spoken to the Council yet please? Did the Landlord ever write terminating the tenancy?

JACUSTOMER-y0ppsvt1- :

No he did not write, he told me on the phone that he wrote a letter and sent it to the Dorset mews (flat in question) ..I didn't receive this letter and did not agree to my name taken out of lease.

JACUSTOMER-y0ppsvt1- :

Why speak to the council, this is a private flat with private landlord

JACUSTOMER-y0ppsvt1- :

tenant B also did not give me the letter

Alex Watts :

Did he ever get a Court order?

JACUSTOMER-y0ppsvt1- :

No course not...court order for? He the Landlord also warned me twice over the phone saying I would be wasting my time and money in pursuing this legally after I told him he did not exercize his legal duty using the break clause to remove me from a joint lease that to the best of my knowledge is still in place!

JACUSTOMER-y0ppsvt1- :

He the LL simply believed the lies B told him that i had left the UK and cannot be traced or contacted.

Alex Watts :

Have you complained to the Council yet please?

JACUSTOMER-y0ppsvt1- :

why the council

JACUSTOMER-y0ppsvt1- :

why would the council help me if this is a private lease with a private landlord?

Alex Watts :

If you have been evicted unlawfully then the Council can prosecute the Landlord for you. Further you could seek protection from the protection from eviction act 1977.

Alex Watts :

The first thing is to complain to the Council.

Alex Watts :

Second you can seek relief from the Court.

Alex Watts :

You need to write and set out your you have been unlawfully evicted and seek a remedy within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not give you a remedy then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-y0ppsvt1- :

I am back let me read what you wrote.

JACUSTOMER-y0ppsvt1- :

If the locks have been changed and the Landlord says that the joint lease with my name on it is no longer valid, that a new lease has been signed with B as sole tenant does that mean I have been evicted ?? I have not been served any eviction notice not that i have received any.

JACUSTOMER-y0ppsvt1- :

In the scenario i have written from the start of this query, do you consider this an eviction under UK law(different countries have different definitions for legal terms)

Alex Watts : Yes I consider this eviction under uk law.
JACUSTOMER-y0ppsvt1- :

This is my first time trying out this service on a trial basis and I have decided it is NOT worth the £33 fee .I wish to cancel my trial subcription and cancel my temporary account as of today Dec 12, 2013 and also not be charged any fees whatsoever. I have not been satisfied by the answers given by the Expert. I have outlined the scenario as best as I can yet the answers were rather vague and I was told to contact the council when this is with a private landlord and not council housing and the council has no jurisdiction whatever to help me.

Alex Watts : The landlord being private by its very fact means if you have been unlawfully evicted then the can prosecute.
Alex Watts : For the avoidance of any doubt the council can prosecute a private landord.
Alex Watts : It is my goal to make sure that you are completely satisfied and indeed delighted today.
Alex Watts : What else can I do to make you happy?

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