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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3980
Experience:  Solicitor
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I am asking about a joint tenancy agreement that I have

Resolved Question:

Hi, I am asking about a joint tenancy agreement that I have signed last month, with regards ***** ***** new tenant joining (landlord did it without consulting the 4 of us living here first) is there anything we can do to stop the 5th person joining? We are not fond of this tenant, and want another that also has interest. Thanks
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

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

On what legal basis if the Landlord is doing this, if 4 of you have the property?

Customer: replied 9 months ago.
Hi Jamie,There are 5 bedrooms, which means there is/was a vacancy of one bedroom in the property. I have had several viewings to the house to fill this bedroom, and I found someone that we all liked and wanted to move in. I notified the landlord and she replied that she already has someone that will be moving in, and they have paid the deposit and first month's rent in full. Although none of us living here agreed that this person will move in. Do I have anything to stand on regarding this? I would like another tenant to move in, not the one she has put through without our knowledge.Thanks,
Harley
Expert:  Jamie-Law replied 9 months ago.

Do you have lodger agreements or an agreement for the whole building?

Customer: replied 9 months ago.
It's a joint tenancy agreement
Expert:  Jamie-Law replied 9 months ago.

Is that signed by all 4 people?

Customer: replied 9 months ago.
sir, sent individually before we moved in, signed and scanned by all
Expert:  Jamie-Law replied 9 months ago.

Does it allow the Landlord to add tenants?

Customer: replied 9 months ago.
34;1.1.3 The Tenants will be jointly and severally responsible for each other, therefore if one or more tenant leaves, for whatever reason, that tenant must find someone to continue with their contract to term or the remaining tenants will be responsible to cover their rent and bills or recruit replacement tenant/s for the remaining part of the contract term. The Landlord, or Agent, must approve the replacement tenant/s and the names/s and contact details must be added to this agreement for the remainder of the term"I'm pretty sure this states that we, as tenants, are responsible for this. would there be another part in the contract stating that the Landlord is allowed to input without us knowing?
Expert:  Jamie-Law replied 9 months ago.

ok. But only 4 signed the agreement. There was never a fifth?

Customer: replied 9 months ago.
A fifth did sign this, but he left without any notice, and I never met him.
Customer: replied 9 months ago.
just to add, we all sent the landlord invidually-signed contracts, I'm not aware of a single contract that has all of our signatures on the same paper
Expert:  Jamie-Law replied 9 months ago.

Ok - are you paying extra rent to cover the 5th?

Customer: replied 9 months ago.
We would've had to, but I assume the tenant just moved in has paid from the 1st, when the rent was due
Expert:  Jamie-Law replied 9 months ago.

Just to be clear, when did you start the tenancy? Did you get pay for this 5th person?

Customer: replied 9 months ago.
Hmm it was a bit complicated. The deed was made on 23rd August and it commences on 1st September. The 5th tenant that has now left, was a previous tenant. He paid august and september rent (but didn't live there) before deciding to move on, so no additional rent pay was due
Expert:  Jamie-Law replied 9 months ago.

But the 5th tenant signed the agreement?

Customer: replied 9 months ago.
Yep, he signed the contract, the same one as us 4
Expert:  Jamie-Law replied 9 months ago.

Ok - the Landlord can NOT put someone else in. The term says:

"tenant must find someone to continue with their contract to term or the remaining tenants will be responsible to cover their rent" and

"The Landlord, or Agent, must approve the replacement tenant/s"
It does NOT say that the Landlord can place a tenant. Therefore as such the Landlord is in breach of contract. You should get a Solicitor to write and say the Landlord cant do this and if he does you will get an injunction.

Or you can get an injunction now to stop him. Therefore you can issue proceedings using form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court will list the matter for hearing and decide whether to stop the Landlord.

Can I clarify anything for you about this today please?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
All is good, brilliant, thank you for your help! Great service and great reply times.
Expert:  Jamie-Law replied 9 months ago.

All the best.

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