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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I was pressured (by my exhusband) into signing a paper

Customer Question

I was pressured (by my exhusband) into signing a paper stating I live in a specific address. I dont live there, he does. I have no idea who the landlord or owner is!
I am scared that if there were any damages to the property etc I would be held accountable. Is it possible that the landlowner or property owner could sue me for damages even though I dont live in the house and I have proof that I have lived elsewhere? What other problems could arise?
My ex husband is violent, controlling and manipulative, I can not ask him for details of the landlord. I got the details of the property owner on land register and sent them a letter saying I dont live in the property. They didnt answer. I sent the council a letter saying I dont live at the address. What else can I do, what actions must I take to not be associated to that property? How can I find out the landlord?
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.

You mean you are counternamed on an AST?

Customer: replied 1 year ago.
It was just a document stating I live there for some application of his. It didnt have his information on it. I dont know the details. I dont know what is an AST
Customer: replied 1 year ago.
It had no details paying for rent etc. Just I live there and I think it said I can be responsable for any damage caused. No details about a landlord and no details about rent.
Expert:  Remus2004 replied 1 year ago.

It depends what you have signed.

If it is an AST then you are jointly and separately liable for rent and damages.

If it is a guarantee then you would be liable for anything arising from his liability.

It is quite unlikely to be a guarantee though because that wouldn't require you to live there or be valid if you did.

If it is an AST then it really doesn't matter whether you live there or not.

Similarly there isnt much that could be achieved if you had the details of the landlord. Whatever it is that you have signed cannot be undone even if you contact the landlord.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I understand it cannot be undone. But it could be informed that I do not live there. And then even if they inform me I must give notice etc before "moving out" I could give notice and not be liable after that. But am I now doomed to forever "live" in a property where I actually don't? Surely even If I did really live there I wouldn't be forced to live in the address forever? I could inform the landlord and move out at some point. There must be some way to terminate the agreement?
Expert:  Remus2004 replied 1 year ago.

No, if this were an AST you would be liable whether you moved out or not.

you would be jointly and separately liable for the length of time of an AST.

Liability cannot be avoided by moving out.

Expert:  Remus2004 replied 1 year ago.

As I have said, if this is an AST then the only way to terminate lawfully is to let the agreement run it's course and not renew.

Expert:  Remus2004 replied 1 year ago.

Similarly, as I have said, it doesn't matter whether you live there or not.

Customer: replied 1 year ago.
here are two main statutory rights that tenants have relating to their landlords address, one under the civil law and one under the criminal law (see the difference between the two here).
I found out that under the following laws I have a right to know who my landlord is and an address to give notice. How can I enforce it?The civil law right is under s48 of the Landlord & Tenant Act 1987, and
The criminal law right is under s1 of the Landlord & Tenant Act 1985
Expert:  Remus2004 replied 1 year ago.

I'm really sorry but I am not going to be able to tell you that you can escape from liability on this basis.

I'm afraid neither of those pieces of legislation apply.

You do have the right to know who your landlord is but you cannot give notice for the reasons above.

Expert:  Remus2004 replied 1 year ago.

I'm afraid claiming domestic abuse has very limited effect upon liability in contract.

Customer: replied 1 year ago.
I just need to figure out who the landlors is so I can atleast find out the terms of the contract. Do I even have no right to find out the terms?
Expert:  Remus2004 replied 1 year ago.

I see you have opened another question on the same point so I will leave this to the other expert.