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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Can I overturn one joint landlord decision about a tenancy

Customer Question

Can I overturn one joint landlord decision about a tenancy agreement if I am the other landlord of the property. Other landlord has told tennant 1 months notice and weekly after as needed by tennant. I had no knowledge of this at all. 1st landlord has taken rent and used it personally not to pay buy to let mortgage. Mortgage 5 months in arrears facing eviction if I don't pay arrears. Tennant refuses to pay mortgage company or me. Will only pay other landlord as their bank details were on original tenancy agreement. They have been on a periodic tenancy for last 6 or 7 months. They normally pay monthly. I have changed their dps deposit to me as a landlord. They will not sign a new agreement. Where do i legally stand? Do I have claim against other landlord? Can mortgage company help legally for my rights and their own interests.
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
What type of tenancy agreement is it?
Customer: replied 4 years ago.

Was 6m fixed. Ran out in December 2012 has now automatically gone to periodic tenancy. £500 month as usual.

Expert:  James Mather replied 4 years ago.
What is problem with other joint landlord? Can we have that background please?
Customer: replied 4 years ago.

Other landlord is my ex wife. We are divorced. The current tenants were sigbed up and in our rental property before we got divorced and there were no problems. My exwife received rent direct by standing order front tennant and qas paying the mortgage on timw as well. I had no correspondence at mt new address. About 6 months ago I had our tennant give me a letter which they received from the mortgage company about court proceedings ref the rent and that an officer would visit from the mortgage company to check their details. I then rang the mortgage company to find out that the mortgage had not been paid since. Since the I have been trying to get the tennant to pay me or mortgage company but they will not and have made arrangements with ex wife and not told me. Such as rent payments and they have already given notice apparently even though I have told the tennant my situation and asked them for their plans to stay or go. They have planned not to pay rent as of 15 April 2013 as this was the date court gave the mortgage company

Expert:  James Mather replied 4 years ago.

Thank you.

I assume that you are divorced and that all the divorce finances have been
settled into a court order and that you have the decree absolute and there is
no issue over the divorce finance or this house in the divorce settlement.

In that case, you are simply people in business together owning a house

in that case you have a civil claim against your ex-wife and rent which she
appears to have pocketed.

She is entitled to half of the rental income which is also liable for half
of the mortgage and half of all the bills.

She is entitled to her own however to serve notice and deal with the
tenancy agreement.

Does that answer the question?

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Customer: replied 4 years ago.

Thank you for your answer.


But where do I stand in way of my wishes .e.g. what I have told the tennant about one month notice and that they are still liable for rent shortfall as in my half or that bthey must pay me now to make sure its done correctly.


I have also said if they so not pay rent in full I will use their deposit to cover it.. can I do this? without recourse from ex wife and what she has told the tennant?


Do the tenants have to listen to me as well as ex wife? th

Expert:  James Mather replied 4 years ago.

You can keep the deposit in respect of outstanding rent but obviously, not
rent which they gave to your x wife. If the rent is up-to-date but your wife
has had it all, you have no claim against the tenant

The tenant is entitled to rely on whatever the notice period is in the
tenancy agreement and not whatever they have been told verbally.

In effect, the tenants can listen to you both and use whatever is to their
advantage but it is the tenancy agreement which binds them

Customer: replied 4 years ago.

The tennant is now refusing to pay any rent until they have been notified by the mortgage company direct to the effect of who has legal right to rent payments?

Also as the repossession order is held off for two weeks from being applied for listing at the court by the mortgage company the tennant has been advised by someone that they can withhold rent until mortgage company tell them otherwise and they have the right to ignore what we the landlords tell them bin respect of the payments.??The mortgage company told me that they will not communicate with the tennant about the mortgage other than an eviction date or new landlord if repossession gpes ahead. The tennant said they are going tobl stay week on week and pay accordingly as they see fit?I want to give them 1 month notice before end of April and try to get a new tenant in asap.Where do I stand with enforcing them to pay the rent due? ?

Expert:  James Mather replied 4 years ago.
In which case give them a s8 notice to quit. They cannot use the argument betweeen you and yr ex not to pay rent.