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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 1259
Experience:  Freelance Solicitor at Self Employed
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I own a house with my friend. We are both on the registered

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I own a house with my friend. We are both on the registered title. We rent it out to a tenant. Both our names are ***** ***** 6 month tenancy agreement, which is about 12 months old. My friend always collected the rent and sent me my share, but now she has refused to pay me because we have fallen out. Can I ask the tenant to pay me my share directly? The tenancy agreement doesn't say who the tenant should pay to.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I have just asked my friend to pay me my share.
JA: Where is the house located?
Customer: Norfolk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat. So, please ignore any phone call request pop-up,they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

You can ask the tenant to make the part payment of the rent directly to you

or

You can ask your friend to pay your half as usual , if she fails to pay you can claim from her via small claims proceedings.

You would need to send her a letter before claim demanding the payments within 14 days.

If she fails to do so, then you can start your court claim online using the below web link-

https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer: replied 4 days ago.
Thank you, ***** ***** tenant to pay me my share directly is a good option. Can I charge interest my friend interest on the money she still owes me from the previous couple of months rent? Until it gets to court? I think I can charge interest from the date of the claim, but can I charge from the date it has been owed?
Customer: replied 4 days ago.
What would you suggest that I say to the tenant, to reassure them that it is okay to pay me my share directly?

Yes you can charge 8% as late payments from the date when its get due and not paid.

You would need to speak to your tenant and may be have to speak with your friend as well before approaching the tenants regarding this payment arrangement for future.

Customer: replied 4 days ago.
I have spoken to my friend, but she says she now wants to sell the house and that my money is safe and I can have it when the house is sold. I think that she will object to me asking the tenant to do this. If she objects, what can I do?

File your claim in small claims court for her failure to pay you your rightful part of the rent.

Customer: replied 4 days ago.
In the meantime, even if she objects, can I ask our tenant to pay my share directly?

Yes, you can as joint Landlord.

Customer: replied 4 days ago.
Is there anything I can say to the tenant to reassure him that this is okay? Some legal justification?

ideally it should have been a joint notice from both the Landlord for this change of payment.

Customer: replied 4 days ago.
my friend will not agree to a joint notice, she has already refused to pay. I think that she is using this as leverage to force a quick sale. If there is no joint notice what can I say to the tenant?

Then you can only ask them to pay the half in your account and hope they do as instructed.

As you have claim against your friend and not against the tenants who are paying in the bank provided to them in the tenancy agreement

Customer: replied 4 days ago.
The tenancy agreement doesn't say who to pay for or which bank account to pay into. Does this make a difference?
Customer: replied 4 days ago.
If the tenant pays directly to me, has he fulfilled his obligations under the tenancy?
Customer: replied 4 days ago.
Pays my share directly to me and my friend's share to them

Where the tenants pays the rent right now?

Is the payment details not included in the tenancy agreement?

Customer: replied 4 days ago.
No, the tenancy agreement doesn't mention the payment details - just to "the landlords" which includes me

Alright, then it is easier.

You can ask the tenants to make half of the rent payment to you directly as new payment arrangement. would not have to give any legal reasoning for that to the Tenants.

If that answers your query, then Kindly do not forget to accept the answer , so that I could get credited for my time .

Thank you.

Customer: replied 4 days ago.
Just one more thing, can you tell me the statute or case law to back this up? I want to tell the tenant that the new payment arrangement is consistent with this law - and read up on it for myself.

If there is nothing mentioned in the tenancy agreement ,and it is just mentioned to pay the Landlords, you being one of them- then pay the half to your bank account.

As both joint Landlord can not jointly issue notice for this change , As I have explained above that you do not have claim against the tenants but against your friend who is not paying you your part.

If you have any follow-up question, please let me know

&

If that answers your question, then please don`t forget to accept the answer

Thank you and all the best.

Vineet S and other Property Law Specialists are ready to help you
Customer: replied 4 days ago.
Thanks, ***** ***** will accept the answer. How do I do that?