How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 1756
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

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: 3 months ago.
Category: Property Law
Expert:  Jamie-Law replied 3 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 3 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 3 months ago.

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

Customer: replied 3 months ago.
It's a joint tenancy agreement
Expert:  Jamie-Law replied 3 months ago.

Is that signed by all 4 people?

Customer: replied 3 months ago.
sir, sent individually before we moved in, signed and scanned by all
Expert:  Jamie-Law replied 3 months ago.

Does it allow the Landlord to add tenants?

Customer: replied 3 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 3 months ago.

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

Customer: replied 3 months ago.
A fifth did sign this, but he left without any notice, and I never met him.
Customer: replied 3 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 3 months ago.

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

Customer: replied 3 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 3 months ago.

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

Customer: replied 3 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 3 months ago.

But the 5th tenant signed the agreement?

Customer: replied 3 months ago.
Yep, he signed the contract, the same one as us 4
Expert:  Jamie-Law replied 3 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, Solicitor
Category: Property Law
Satisfied Customers: 1756
Experience: Solicitor
Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 3 months ago.
All is good, brilliant, thank you for your help! Great service and great reply times.
Expert:  Jamie-Law replied 3 months ago.

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions