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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 14089
Experience:  I have been practising for 30 years.
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Assistant: How can I help? I’m on a joint tenancy lease with

Customer Question

Hi there,
Assistant: Hi. How can I help?
Customer: I’m on a joint tenancy lease with two other girls. I’ve had to leave due to it being really difficult to live with them. I’m trying my best to find a replacement tenant for them, but they’re making it incredibly difficult - they want to meet the person coming in, but not making any time of availability to meet people, etc.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: If I choose to not pay rent - what legal stand will they have?
Assistant: Where is the property located?
Customer: fulham
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so thank you
Submitted: 11 days ago.
Category: Property Law
Expert:  F E Smith replied 11 days ago.

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

would you say they are deliberately making it impossible?

how long have you been there and did you all start the tenancy together?

Customer: replied 11 days ago.
3 months ago tenancy started. They are giving me one time slot in the week to meet potential tenants. They are making it difficult purposefully I believe and I’m worried (as they’ve asked to agree to/choose the new person coming in) that they will just not choose anyone, or not make time to meet them, meaning I continue to pay rent
Customer: replied 11 days ago.
And we did start tenancy together
Expert:  F E Smith replied 11 days ago.

There are several ways of looking at this.

If you are a joint tenant on the tenancy agreement you cannot stop paying rent otherwise you end up in arrears.

But if you do, the other girls are jointly and severally liable along with you for the full amount of rent so the landlord will to them for whatever you don’t pay!

They would be entitled to pursue you for your share of the rent.

If that got to the County Court you would have a defence in that they had failed to mitigate their loss by reasonably allowing anyone else in.

As it is at the moment, they are enjoying the extra space and you paying the rent so they have no incentive for anyone else to move in.

 

My suggestion would be to tell them that you will not be paying any more rent and that if they chase you for the rent, you will defend any action they bring on the basis that they have failed to mitigate their loss.

 

If the landlord chases you for your proportion, that’s a different thing altogether because you don’t actually have a defence to that.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

I don’t know if you have reported this to police but you should do. It will give them something to do! I spent far too much time with people dropping litter parking on double yellow lines and speeding and drinking tea.

Don’t be fobbed off that this is a civil matter. This is intentional criminal damage.

Don’t speak to them on the telephone, turn up at the police station. If they try to tell you it’s a civil matter, tell them you have already spoken to a solicitor and you have been told by the solicitor that the police would say that and you want this guy prosecuted.

 

In addition, you can of course take the matter to the Small Claims Court if you wish although if the guy is prosecuted successfully, the court would normally award compensation in your favour against him.

 

How much? Believe it not, not a lot. Although having said that, I don’t how much Wisteria Bush costs. It would be the costs of getting a mature Bush and having the dead one removed and the new one planted. I imagine that small bushes are relatively cheap but mature ones more expensive. You would probably be looking at a few hundred pounds I would imagine but I am not a gardener but overall the intention is to put you back in the position that you would have been had this incident not occurred.

With regard to stress and inconvenience, I’m afraid that you really need to write that off.