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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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I have just found out that my x partner and my land lady

Customer Question

Hi I have just found out that my x partner and my land lady have gone behind my back and have removed me from the tanecy, I have not singed anything or even been to cort about it, was wondering what I can do as I am homeless and do not have anywhere safe to have my 8 year old daughter, would like a bit of advice about this matter, meny thanks stuart
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Hello - What do you mean removed you from the tenancy?

Customer: replied 2 months ago.
My name has been removed from the joint tenency on a flat me and my x partner were renting, her and the landlord have removed my name from the tenency without me knowing about it, and it's pit me homeless, staying with friends and b&b
Expert:  F E Smith replied 2 months ago.

Whether they are able to do this or not depends on whether the tenancy had come to an end and whether your ex gave notice or not because there is nothing to stop the X giving one-month notice on behalf of both of you and the tenancy coming to an end and the landlord giving a new tenancy agreement to your ex as the new tenant on her own.

Customer: replied 2 months ago.
The tenency is still active, we were only 4 months in to it, she went behind my back to remove me from it, I did not know untill 2 weeks ago, we went in to it as a joint tenency, she was still living in a different area, befor she moved in, then her name was added to it. I singed for the keys as she could not get to bridgwater, she moved in 3 weeks after
Expert:  F E Smith replied 2 months ago.

She cannot remove you from it until it has come to an end. You are still entitled to occupy the property under the terms of the old tenancy agreement.

If she won’t give you a key, you are entitled to apply to court to ask the court order her to give you access and you can ask the court to award legal costs against her.

The threat of that action coming from a solicitor may focus her mind.

Do bear in mind that it would only be a short-term solution for the reasons I stated earlier.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 2 months ago.
Can't do that as I'm already off the tenency, I have a letter from the land Lord offering £2000 compensation, for doing it without my consent, I just don't know weather to take the money, or take them both to cort as it's put me homeless, and I have not had my daughter for 3 mouths because of it all,
Expert:  F E Smith replied 2 months ago.

You have not been removed from the tenancy. You are still on the tenancy. The old tenancy is still effective.

To be honest, if the landlord has offered you £2000, I would take it because it’s unlikely you’re going to get more than that if it went to court and it could take several months.