How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I signed a Tenancy agreement with the Home owner

Resolved Question:

Hi
I signed a Tenancy agreement with the Home owner for a year on 01/07/14. He gave me permission to sublet so I did.
When the Lodger arrived to sign the agreement (on 15/06/14) I wasn't there but the Home owner was. He signed next to Landlord & she signed next to Lodger.
We asked her to come back couple days later so I also signed my name next to Landlord as the Home owner said although he was the Home owner he never wanted anything to do with the property whilst he was away for 2 years (starting 01/07/14) Now there are 2 names written next to the Landlord.
I've asked the Lodger to vacate due to late bills & not washing her dishes(amongst other things) but she says she signed the Lodger agreement with the Home owner first & my notice to vacate is invalid.
The Home owner says it has nothing to do with him that it is down to me to sort the situation but she refuses to leave
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I I'll help you.
Are you named as landlord on the agreement please?
Customer: replied 2 years ago.

No it doesn't mention Landlord only Tenant.

If only I signed the Tenancy Agreement for a year does that not give me control of the property & make me the Landlord if I sublet?

Expert:  Ash replied 2 years ago.
No the landlord is not named? Only in the signature? What about in the parties section ?
Customer: replied 2 years ago.

It's a very basic Agreement. On the Lodgers agreement the home owner & myself wrote our names next to the Landlord & at the end we both signed.

She refuses to acknowledge me as the Landlord as he signed first 2 days earlier.

Is she correct in thinking the way she does?

She's a very poor payer & wastes electricity & never pays at beginning of the month. What can I do about that?

Expert:  Ash replied 2 years ago.
So the landlord lets to you and you let to the sub tenant?
Customer: replied 2 years ago.

Yes I have signed the Tenancy agreement with the Home owner for a year & had his permission to sublet.

The Lodger claims she's part Tenant but I signed the year Tenancy whereas she signed a Lodgers agreement & can leave after giving 4 weeks notice or the Landlord giving her 4 weeks notice to vacate her room

Expert:  Ash replied 2 years ago.
Ok. do they occupy the whole house or just a room?
Customer: replied 2 years ago.

She signed for a room but can use the kitchen & lounge area.

It is a 3 bedroom house....I use the 2 upstairs rooms & a bathroom & the lodger stays in an en-suite room downstairs

Expert:  Ash replied 2 years ago.
Ok. Then all you need to do is give notice to quit by a certain date. If she does not move out you can change the locks. You don't need a court order because they do not occupy the whole house. They are simply there under licence and this can be terminated,
So in short notice to quit and then change the locks. No court order needed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Ok, so even though the Home owner signed on the Lodger agreement next to Landlord first then 2 days later I signed, seeing as he gave me permission to sublet, I have a right to give her notice?

I initially gave her notice on 04/04/15 to vacate her room & she was meant to vacate on 04/05/15 but seeing as she never found anywhere I gave her another month which finished 04/06/15 but she's still here & no rent has been paid into my account

Expert:  Ash replied 2 years ago.
Correct you have a right to give notice.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex