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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Hi there, I am joint owner of a tenanted property. I have issued

Customer Question

Hi there, I am joint owner of a tenanted property. I have issued a S21 notice to the current tenants. The other joint owner is attempting to block my access to the property as I need to move back in there with my daughter, a minor. Despite him trying to keep the tenancy agreement from me (as he found the tenants) so that I would not have the details for the S21 I have managed to view the agreement. I am just about to apply for the Accelerated Procedure PO at my local court but have seen that the tenancy agreement does not have a date on it. I think perhaps he has withheld this page to make things difficult for me. My question is: I have details of the DPS, proof of service of the S21, which is correct as regards dates (ascertained from the DPS cert). I want to know whether it is likely that the judge will reject the Possession Order application on the basis that the TA has not date on it. I don't want to lose money by going down this route. Will I need to apply requesting a hearing, i.e. not the accelerated procedure?
Thanks and regards
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this. Are you named as the landlord on the tenancy agreement. Who is the other owner? Why are they blocking you? When did the tenancy commence and how long was the fixed term for? Ar
e you able to prove the commencement date of the tenancy agreement in soem other way?
Customer: replied 2 years ago.

Thank you very much! I am not named as landlord on the tenancy, the other owner is. I have a copy of the title register, which proves joint ownership. The owner is my ex-partner; he has been hiding information pertaining to the tenants (he found them) to stop myself and our child moving back in the property.

The DPS certificate shows a tenancy of 2011-2012. The tenancy I have a copy of has no date on it. I think perhaps the other owner made an error in that the front page of the tenancy is dated 2012-2013 as though it is a rental term but he has used a section 21. He isn't very bright so I think he has done this in error.

If I apply for a possession order via the accelerated procedure, do you think it it would be accepted were I to write a covering note highlighting the fact that the co-owner made an error on the front page of the tenancy, however this tenancy agreement is just a follow on of the tenancy created in 2011 (provable by the DPS certificate)? Clearly there is a tenancy. The only issue I can see is the fact that the first page of the current agreement is a S21 notice.

I am reasonably sure that by dint of being a joint owner I am legally considered a landlord even if not named on the agreement.

I want to go to the court today to file the application, however, I don't want to lose money of the judge rejects it. If it is rejected would it be listed for a hearing or just rejected and money down the drain as regards ***** *****?

Sorry, this is a complicated situation. Your assistance is appreciated.

Thanks

Expert:  LondonlawyerJ replied 2 years ago.
I am in court now but will get back to you later today.
Customer: replied 2 years ago.

Thanks

Expert:  LondonlawyerJ replied 2 years ago.
I know a good deal about landlord and tenant law but not very much about family law and it seems to me that your situation straddles both areas of law. You are not named as the landlord on the tenancy agreement and that might lead to problems. Also there is clearly an element of a family law dispute here. Do you have a lawyer acting for you on the family law issues. If so what do they say about this?
Customer: replied 2 years ago.
Hi, thanks for your reply. I am trying to avoid going down the family law route due to the high costs of litigation in this area. From what I can gather I still have the legal right to evict these tenants under property law. So I'm looking at this purely from the perspective of property law. As I understand it, one co-owner can serve notice; as stipulated in the legislation. The legal definition of 'landlord' suggests that by dint of merely being a joint owner of a property I am considered landlord and can serve notice. Therefore from that aspect is it not possible to circumvent family law? I have served a valid section 21 and want to move to the next stage, which is the application of the posession order.
Many thanks in advance
Expert:  LondonlawyerJ replied 2 years ago.
I don't think that the court would reject your application summarily but the tenant may assert that you are not the landlord (you are not named, he doesn't pay rent to you, he may not know that you exist) and he may assert that you have no right to possession this would lead to the necessity for a hearing and take you out of the summary accelerated procedure.
This should be done as part of the family law issues.
Customer: replied 2 years ago.

But if they don't fight it (they want to be housed by the local council) might it be straightforward?

Expert:  LondonlawyerJ replied 2 years ago.
It might but it is not the right way to go about this.

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