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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I and my friend entered into a tenancy agreement with Mr

Resolved Question:

Hello there,
I and my friend Anna entered into a tenancy agreement with Mr Colin on the 25/07/2013 upon viewing a property through the private rental section of gumtree for owners advertising property for rental.
Beforehand when we first met, Mr John confirmed he was the owner of said property and was not an acting agent (which was one of our pre-condition as we did not want to deal with agents).
The contract had a fixed term for six months and on a monthly rolling basis thereafter. The contract was signed between Mr Colin as Landlord and The tenants (I and Friend Anna).
Fastforward, disagreement occurred with regards ***** ***** of property (documented) and rental payments.
***** *****ded her notice in accordance with tenancy and left on the 25th November 2015. My understanding is this ended the joint tenancy but I remained in the property and no new contract was signed.
Mr colin brought repossession proceedings heard in court on 03/2016 and case was dismissed because of failure to register deposit, not following procedures etc...and I was awarded cost of £1000.
Mr Colin used her sister who actually It turns out owns the property… for a second separate repossession case under her name despite the fact that the tenancy agreement was signed with Mr Colin (not the sister) and always was told or assumed it was his. Moreover, I or Anna (till she left) have never spoke, dealt or even knew the sister was the owner. Mr colin seem to want to corrupt the version of events to say he was an acting agent. When I was the one who bought the tenancy agreement at WH Smith store and we all signed with myself as lead tenant.
However, I find extremely bizarre this could be possible…when the written contract was with Mr Collin (nowhere is the sister referred to).
Had I signed through an agency, someone acting on behalf of an owner or in varying capacity marked clearly written I might understand but this was not the case.
I always paid into Mr Colin personal account or by cash and never dealt with the sister.
Questions is:
1- Can Mr Colin use her sister to bring a ground for repossession or rental arrears against myself when I do not have a contract with the sister (her name is ***** ***** the tenancy) against a backdrop where Mr Colin always told us the property was his.
2- Can she name Anna in the proceedings when my understanding is the joint tenancy was effectively ended on 25th of November 2016 and hence her name should not have been included in the latest October court proceedings when I am the only one still living there.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Is there any notice to quit or current deposit protection issues?

Customer: replied 3 months ago.
Just have two questions with legality of repossession...Issues explained below,I and my friend Anna entered into a tenancy agreement with Mr Colin on the 25/07/2013 upon viewing a property through the private rental section of gumtree for owners advertising property for rental.
Beforehand when we first met, Mr John confirmed he was the owner of said property and was not an acting agent (which was one of our pre-condition as we did not want to deal with agents).
The contract had a fixed term for six months and on a monthly rolling basis thereafter. The contract was signed between Mr Colin as Landlord and The tenants (I and Friend Anna).
Fastforward, disagreement occurred with regards ***** ***** of property (documented) and rental payments.
***** *****ded her notice in accordance with tenancy and left on the 25th November 2015. My understanding is this ended the joint tenancy but I remained in the property and no new contract was signed.Mr colin brought repossession proceedings heard in court on 03/2016 and case was dismissed because of failure to register deposit, not following procedures etc...and I was awarded cost of £1000.Mr Colin used her sister who actually It turns out owns the property… for a second separate repossession case under her name despite the fact that the tenancy agreement was signed with Mr Colin (not the sister) and always was told or assumed it was his. Moreover, I or Anna (till she left) have never spoke, dealt or even knew the sister was the owner. Mr colin seem to want to corrupt the version of events to say he was an acting agent. When I was the one who bought the tenancy agreement at WH Smith store and we all signed with myself as lead tenant.
However, I find extremely bizarre this could be possible…when the written contract was with Mr Collin (nowhere is the sister referred to).
Had I signed through an agency, someone acting on behalf of an owner or in varying capacity marked clearly written I might understand but this was not the case.
I always paid into Mr Colin personal account or by cash and never dealt with the sister.
Questions is:
1- Can Mr Colin use her sister to bring a ground for repossession or rental arrears against myself when I do not have a contract with the sister against a backdrop where Mr Colin always told us the property was his.
2- Can she name Anna in the proceedings when my understanding is the joint tenancy was effectively ended on 25th of November 2016 and hence her name should not have been included in the latest October court proceedings when I am the only one still living there.
Expert:  Jamie-Law replied 3 months ago.

1. No - there is no contract between the parties and therefore no possession proceedings can be brought.

2. No - if you are the ONLY one living there then you and just you need to be named.

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1767
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
I was told something completely different from a different sollicitor, we ought to speak please send me a request as I believe I will do a better job writing a statement
Expert:  Jamie-Law replied 3 months ago.

Do you have a number?

Customer: replied 3 months ago.
he has 25 years experience, let us speak so I can give further details
Customer: replied 3 months ago.
Expert:  Jamie-Law replied 3 months ago.

Thanks

Customer: replied 3 months ago.
Much appreciated in briefly the "representation" part of the contract and therefore the sister has no right to bring legal proceedings...
Customer: replied 3 months ago.
for rental arrears, thanks
Customer: replied 3 months ago.
will include in witness statement in own words
Expert:  Jamie-Law replied 3 months ago.

Yes, that C is not a party to the proceedings as there is no contract between C and D.

Customer: replied 3 months ago.
Thank you.

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