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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a joint tenant on a tenancy agreement of an AST (6 months)

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I am a joint tenant on a tenancy agreement of an AST (6 months) which has come to a natural end after 12months, renting from a private landlord. I will be handing my keys back to the letting agents but the other tenant wants to wait to be evicted and more then likely wants to have a possession order and then bailiffs before she is removed as she has applied for council housing and does not work.
Section 21 has been provided already.
I would like to know if I hand my keys back will I still be on the possession order? Will it affect my credit rating? Or as I have moved out and handed the keys back the eviction will only be against the tenant who remains?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Has the Landlord released you when the keys are handed back please?
Customer: replied 1 year ago.

Hi,

Thanks for your reply. The current 6 month tenancy is due up on the 19th June 2015, so I have yet to hand the keys back to the letting agents.

A little more information; I have never lived in the flat but lived in my own (mortgaged) house. The joint tenancy was done to allow the other tenant (my ex wife since 2009) the ability to stay local so she can be involved with her two children (10 & 8). Both her and I have sets of keys to the flat from the letting agents.

I had helped and supported her tenancies since 2009 (being a guarantor in the past). This letting agents would only take her on if we both had signed as joint tenants (i work full time and have done for many years), which I duly did as I did not envisage any circumstance changes.

The children reside with me 4 days a week at my house and with their mother 3 days of the week. Odd weeks we have helped each other out depending on circumstances i.e. i will keep them all week, sometimes she keeps them all week.

My concern is she wants to get evicted i.e. possession order and then bailiffs as she has applied for council housing and if she leaves just on the section 21 she will be seen as voluntarily leaving thus not entitled to council housing.

If I hand my keys back as requested on section 21 i.e. before 19th June, will the possession order etc be against me also as it was joint tenancy?

She is in receipt of housing benefit from about 2-3 months ago, but the landlord does not wish to have a DSS person in the flat so we both were served section 21 as part of the natural end of the current tenancy agreement.

I spoke with the letting agents this morning and in the conversation they said that if it did goto the courts that I would be affected as the possession order etc would be to both of us.

Expert:  Ash replied 1 year ago.
Does it say you are joint and severally liable?
Customer: replied 1 year ago.

I don't have the agreement to hand and am away from home until tomorrow morning. I will check and reply back to you in the morning but suspect it will say that.

Expert:  Ash replied 1 year ago.
ok
Customer: replied 1 year ago.
Hi yes it dies have a clause for joint and several liabilty fir tenants (bith my ex and i are listed as tenants on the agreement).
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid, if your ex does not move out I am sorry to say you are joint and severally liable for any debt,. I know this seems unfair but if there is a condition in the tenancy agreement this means you are both equally liable for the debt.
If there is a possession order there may be a Judgment for the arrears. If you pay this off within 28 days it wont affect credit otherwise you may get a CCJ
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, thanks for the respone and information.
My question was even if I hand the keys back before the 21st will the possession order be in both names? It sounds like a yes?
Thank you for the clarity on the CCJ I Appreciate I am liable for any arrears but we are not likely to be in any arrears as I pay the rent and always have done and won't be cancelling the standing order until she does move out, the only other additional monies will be the claim from the landlord for court costs, which I will also cover.so sounds like my Credit Rating will not be affected as long as I meet all costs.
Expert:  Ash replied 1 year ago.
Yes the possession would be in both names. Your credit rating wont be affected if you cover everything yes.
Does that help?
Alex
Customer: replied 1 year ago.
Thankyou very much!!
Expert:  Ash replied 1 year ago.
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
Expert:  Ash replied 1 year 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

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