Joint tenancy ending, other tenant refusing to vacate property.

[j__]

Me and my ex have been renting a flat for just over a year, we have a child and have recently split up.

 

When it was clear the relationship couldn't be saved I put in notice to end the tenancy agreement (It's a big expensive place that I didn't want to continue with on my own and she wouldn't be able to afford), she was asked to confirm which she did and we were given a moving out date.

 

She confirmed she had arranged to move in with family with our child until she was able to arrange a place, I know that this is fact as I actually double checked and confirmed everything was in place to ensure both would be sorted when the flat was gone.

 

She's now gone to the council in an attempt to obtain a council house and has been advised by them to not leave the property, even after our agreement has ended and the flat has supposed to be handed back. They'll then sort her a place when she has been evicted.

 

This obviously isn't on. My guess is I can wave goodbye to my deposit if she goes through with this which in the grand scheme of things I'm a bit annoyed about but it isn't the end of the world. I'm more worried about if I could be taken to court for failing to leave the property (although I will have left) or if I could be liable for any rent she may tot up or anything along those lines? Will they take legal costs etc out of the deposit? Could I be blacklisted anywhere?

 

Thank you!

[mariner51]

What length was fixed term?

How far into T were you both?

Both joint Ts can be summonsed to Court hearing and both remain ind liable for full rent until both have vacated.

Council are ignoring recent Govt advice with their 'suggestion' to her.

If you gave Notice during SPT you effectively ended T for both on expiry, so LL could issue simple NTQ to expire after 14 days and send Bailiffs in immediately they are avail. when they will evict all occupants.

 

As joint T, you will be named on Court papers (procedural) then attend to put your side of story, shows respect for the Court.

[j__]

Thanks mariner51!

 

What length was fixed term?

It was a 3 year agreement with the option to give 2 months notice after 6 months.

 

How far into T were you both?

We were 12 months into the tenancy when the notice went in.

 

Both joint Ts can be summonsed to Court hearing and both remain ind liable for full rent until both have vacated.

Ok, so if she stays another full month I could be on the hook for another months rent?

 

Council are ignoring recent Govt advice with their 'suggestion' to her.

I didn't think that sounded right, people can say what they like about landlords but at the end of the day they have to pay the mortgage/feed their families.

 

If you gave Notice during SPT you effectively ended T for both on expiry, so LL could issue simple NTQ to expire after 14 days and send Bailiffs in immediately they are avail. when they will evict all occupants.

I believe I have an AST, does this still apply?

I've tried explaining that getting evicted by bailiffs won't be fun for anyone, she seems to think that they will turn up and give 24hours notice, is this likely or could they just turn up?

 

I'll turn up for any court dates I hear about!

[mikeymack2002]

They turn up to evict with no notice and may be given just 2 hours to leave. If it gets a bit heated then the Police may attend to prevent a breach of the peace. Either way she will have to leave.

 

 

If you terminate the T you could still be held responsible for any extra rent/costs, make sure you get it in writing that you have moved out and handed in your set of keys, get this dated and timed by the LL. Then keep this very safe....

[mariner51]

mm2002, CC bailiffs normally give min 24 hr written notice of eviction date.

[mikeymack2002]

Not if it is transfered up to the High Court no notice required...

[mariner51]

That is why I specified CC Bailiffs in my reply & did not include HCEO's

Claimant has right to refer CCJ to High Court (if CC agrees) without ref to Defendant.

HCEO's do not advise debtor, in advance of execution of Warrant - correct.

[mikeymack2002]

Giving the full picture is best for the OP it's a possibility and in this climate quite high too.

 

LL'S want possession asap so they don't lose money from rental income..

[j__]

Is there a way to get evicted without a CCJ? Would this be the same type of CCJ that will show on a credit report?

Edited November 19, 2015 by j__
Clarification

[45002]

Not if it is transfered up to the High Court no notice required...

 

It's only discretionary to transfer a case up to HCEO, Judges can and do refuse such requests .

[Ruleoflaw]

Thanks mariner51!

 

What length was fixed term?

It was a 3 year agreement with the option to give 2 months notice after 6 months.

 

How far into T were you both?

We were 12 months into the tenancy when the notice went in.

 

Both joint Ts can be summonsed to Court hearing and both remain ind liable for full rent until both have vacated.

Ok, so if she stays another full month I could be on the hook for another months rent?

 

Council are ignoring recent Govt advice with their 'suggestion' to her.

I didn't think that sounded right, people can say what they like about landlords but at the end of the day they have to pay the mortgage/feed their families.

 

If you gave Notice during SPT you effectively ended T for both on expiry, so LL could issue simple NTQ to expire after 14 days and send Bailiffs in immediately they are avail. when they will evict all occupants.

I believe I have an AST, does this still apply?

I've tried explaining that getting evicted by bailiffs won't be fun for anyone, she seems to think that they will turn up and give 24hours notice, is this likely or could they just turn up?

 

I'll turn up for any court dates I hear about!

 

 

Leasehold estate

 

 

Your question is can you be evicted without getting a CCJ? In short, yes you can if he were to give you 2 months. If you don't pay your rent it's breach of covenant (ie agreement). The landlord's remedies include claiming a contract breach and going for damages (compensation). His remedy is also forfeiture, ie end the lease if there is a forfeiture clause in the contract. If he goes for forfeiture, he has to go through the normal legal process as following. It seems your tenancy given its short nature is an Assured Tenancy. The rules for this are that it requires 2 months' notice in writing: s.88, Housing Act 1988. If you do not vacate the property after the 2 months, the landlord will require an Order of Possession: s.146, Law of Property Act 1925 from the County Court usually but the landlord could apply to the High Court in certain circumstances. If the judge grants the landlord a possession order but you still do not leave, he has to pay for bailiffs. This whole process could take several months. Is there a clause in the contract that says the landlord keeps the deposit if you stop paying your rent? If he/ she were to do this, you could argue the landlord has waivered his right for forfeit the lease, and so to extend your tenancy (if that's what you wanted to do).

 

 

Sub-letting

 

 

Is there an option for you and your partner within the contract clauses (terms) to lease the property out to someone else, ie subletting? If this is possible, you're permitted by law to sublet to someone else for the remaining term (duration) of the original lease. What you should have done is registered your interest on the property register, as leases less than 7 years are capable of being legal leases in that it would tie up your use of the land for 3 years: Land Registration Act 2002/ relevant Schedules. If your lease was by deed it would mean it was/ is an overriding interest, ie the landlord could not have ended the lease or evicted you. A legal lease means it's water tight, if there is no deed (what makes it legal), it's not so water-tight.

 

 

You have options.