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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, Im in a strange situation. I ran into a difficult

Customer Question

Hi, I'm in a strange situation. I ran into a difficult period back in Dec 2011 and my friends granted me the right to stay in their apartment which they were renting from the landlord (they had no written agreement, but now and again the landlord would come and collect a bit of rent, every 6-9 months).

I then went into the apartment (2 bed) Feb/Mar 2012 and started paying the bills and council tax (i pay the Council Tax from my account in the name of the landlord), and invited a friend (april 2012) under the condition he would pay money to me each month, and half the bills. I said i would guarantee his stay in the room on monthly basis (in the form of an MoU) and if the landlord asked for a tenancy than that would supersede our MoU and we would have those terms instead. I carry out a management function for the property. Since the landlord didn't want any payment from me, I used up the money myself.

The landlord came for 1st time a few months ago and stated he wanted a tenancy agreement, but 2 months have passed and he hasn't issued one or been back in touch. My flatmate has now said he is refusing to pay the monthly rent to me because he says i am profiting illegally by it. The landlord has written off the past monies owed, and has said he was only interested in the future from Setp 2013. On the back of my flatmates email notice I wrote him a notice serving him notice to leave within 30 days (as per MoU) since i had a responsibility to have funds available to meet any demand from the landlord. He has refused to acknowledge my letter / notice and says I have no legal right to the property and that it is meaningless, and its the landlord who should decide not me.

I'm really unsure what to do and what my rights are, or what course of action I should now take. I'd like to remove this person from the property but don't know how. The landlord isn't very responsive either and may not be willing to sign a tenancy agreement with me. PLease advise what my options are and the best course of action I may have (UK law).

Many thanks & sorry for the long background .

Submitted: 4 years ago.
Category: Property Law
Expert:  Joshua replied 4 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Could you clarify the meaning of MoU please - it will probably dawn on me later but it is early!

Joshua :

Do you have a written agreemen with your friends that granted you the right to stay in your aparment?

Joshua :

Have you ever paid rent to either the owner or your friends that gave you the original right to stay in the property?

Joshua :

I will be offline until just after 9am but will reply as soon as possible if thats ok.

JACUSTOMER-n3hc5yag- :

Hi, mou is memorandum of understanding. Can send you a copy? I've never paid any monies to my friends or the landlord as yet, but I can now if needs be? I don't have a formal agreement with my friends but do have supporting email when I was moving in advising me of bills to be paid etc.

Joshua :

I am sorry for the delay in reverting to you. I am available all day now save for a short appointment early this afternoon.

Joshua :

As you have never paid rent it would be useful to see a copy of the MoU if it is simple for you to scan a copy or copy and paste the text. If it is not possible I can continue without it as you prefer. Would you let me know?