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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it illegal/legal to accept payment from a joint tenant to

Resolved Question:

Is it illegal/legal to accept payment from a joint tenant to terminate my tenancy?
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
Customer: replied 2 years ago.

I need an answer ASAP and will give you a further 24 hours.

If you are then unable to provide an answer then I shall expect a full refund.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is this joint tenant named as Landlord please?
Customer: replied 2 years ago.

No. The local authority is the landlord. It is a secure tenancy. Due to a breakdown in our friendship and over crowding a financial agreement has been reached to allow the other to move on. As the financial agreement is in instalments a contract is being drawn up. The tenant paying the lump sum would like the reason for themail funds included in the contract. We need to know based on other advice received if this can legally be inserted into the contact.

Expert:  Ash replied 2 years ago.
So you are saying here is £x to leave early, in short?
Customer: replied 2 years ago.

Correct. The other tenant feels that because the contract stipulates when he must pay and how much he must pay, then likewise the contract should state what the other has to do, such as, terminate tenancy etc.

Expert:  Ash replied 2 years ago.
No. There is no legal requirement. What you are doing is legal and is a matter of contract between the parties. How and when you do it is a matter of negotiation between the parties to the contract. But it is legal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Just to clarify.
You're saying that it is perfectly legal to stipulate in the financial contract that the reasons for the funds is to enable the other party to terminate their local authority secured tenancy?
Please note that I requested an "in-depth reply" to my original query. The original question was, "Is it illegal/legal to accept payment from a joint tenant to terminate my tenancy"
Expert:  Ash replied 2 years ago.
Yes I understand the question. There is a breakdown and in effect one party is buying another out of the tenancy. Is this legal - yes it is. There is nothing illegal about one party paying another off. It is simply a matter of contact between the parties as to whatever agreement they come to. So yes you can say in the contract they are paying the other side to terminate their tenancy.
Clearly the party terminating the tenancy will need to have the opportunity to take independent legal advice, but nothing wrong with the deal.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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