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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am in a joint tenancy agreement with someone and she has

Customer Question

I am in a joint tenancy agreement with someone and she has decided that I should move out but is not giving me adequate notice to do so. I am currently looking for alternative accomodation but have not found anything suitable.She is threatening to force me to move because she says when we moved in she is the one who paid the deposit and therefore the flat is hers rather than jointly ours.


 


What are my rights?

Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi

Are you named as joint tenants on the tenancy agreement?

Tom
Customer: replied 4 years ago.
Dear Tom

Yes we are named as joint tenants on the tenancy agreement
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

If you are jointly named on the tenancy agreement and do not consent to her attempting to get rid of you then you are under no legal obligation to leave the property.

Where two people are jointly named on a tenancy agreement then each has an equal right of access to the property unless there is a court order stating that one should not have access to the property following either civil or criminal court proceedings.

Unless you specifically agreed before entering the tenancy that she will have the right to remove you when she wants because of the deposit then you cannot be legally evicted by her.

You can stay. If she locks you out and refuses to let you back in then it would be an illegal eviction for which you could sue and recover damages or regain access to the property

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Kind regards,


Tom

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