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Hyperthetical question....

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  • Hyperthetical question....

    If a tenancy agreement is in one persons name with a standing order set up to pay the rent out of that persons account, could that person legitamately kick out either of the other two people that lived there?

    L xx
    Neither a borrower nor a lender be;
    For loan oft loses both itself and friend,
    And borrowing dulls the edge of husbandry.

  • #2
    Re: Hyperthetical question....

    not 100% sure, but if it's in your name only, I would imagine you'd be able to do that, as they have no recognised rights.

    I found this link for you, have a look and see what you think Shelter England - Whose name the agreement is in

    Comment


    • #3
      Re: Hyperthetical question....

      Ok so basically from what i have read, the landlord, if the contract is in one persons name can only chase one person for the money, therefore, it makes the person holding the contract also the landlord/lady.... so effectively, they have the say in who lives there and who doesnt.

      The situation I am in (I know you all know its me anyway) is the following

      I put up the bond money and one months rent in full to the landlord when me and two other housemates moved into this property. As you all know or dont know, getting their share of the money has been like getting blood out of a stone. Anyway I eventually got the money that I was owed and that was that.

      The landlord came round tonight to collect his rent. I had my share, the other house mate had his but the third, who i had had trouble getting back the money from, had gone out and turned off his phone. I tried ringing him a couple of times because he hadnt left his money behind but I couldnt get hold of him... I apologised to the landlord, phoned the decent housemate and arranged for us to pay the landlord the rest of the rent tomorrow. In the meantime I get talking to the landlord about the house and renting my house out up home etc and we get onto money down here. He happened to mention that we had only paid him 1 months rent and no bond, when I reminded him that I had given him £1000 he said he had only received £600, I asked if he was pishing around and he said no (I was in shock at this point).... so it turns out that the money I gave one housemate, had been split, he had kept £400 to himself and given the £600 to the landlord. I asked why we hadnt been given a tenancy agreement yet and the landlord said it was because he hadnt had a bond, which is fair enough... I asked the landlord to no longer deal with the dodgey house mate but to contact me and to put the agreement solely in my name not the other housemates as he obviously cannot be trusted....

      Now here is my dilema... Do I cut and run before my name is on the agreement and get out of the situation that I am in, bearing in mind I have a repo order on my house up home and am in the middle of sorting that out, so no legitimate letting agent would rent me a house, plus the fact things are expensive here so i probably wouldnt be able to afford anywhere on my own anyway, or do i get him booted out of the house (i can get this done....) and take in another lodger???


      HELP!!!

      LL xxx
      Neither a borrower nor a lender be;
      For loan oft loses both itself and friend,
      And borrowing dulls the edge of husbandry.

      Comment


      • #4
        Re: Hyperthetical question....

        You say you gave the landlord £1000, but what you actually did was give it to one of your housemates?

        It is a bit late to "cut and run" given that you have told the landlord to deal only with you and not only that, it's hardly the decent thing to do is it?

        Finally, boot him out, but keep anything of value (throwing the rest of his stuff into the street) until he pays you back every penny he know owes you.

        Comment


        • #5
          Re: Hyperthetical question....

          this is the plan cet, i didnt really want to cut and run cause the landlord is a decent bloke and i would feel pretty crap about it all. I have spoken with someone who can have him removed from the property for me, everything he owns is on credit so i cant really sell it, can i?
          L xx
          Neither a borrower nor a lender be;
          For loan oft loses both itself and friend,
          And borrowing dulls the edge of husbandry.

          Comment


          • #6
            Re: Hyperthetical question....

            You have no idea who actually possess title to any of his stuff and only have his word that he owns nothing - and his record regarding honesty is not exactly 100% is it?

            Comment


            • #7
              Re: Hyperthetical question....

              I know its brighthouse for his TV.... which is a phillips 47inch plasma hd ready... going for 400 quid if anyone is interested lmao xx
              Neither a borrower nor a lender be;
              For loan oft loses both itself and friend,
              And borrowing dulls the edge of husbandry.

              Comment


              • #8
                Re: Hyperthetical question....

                Originally posted by loulou View Post
                I know its brighthouse for his TV.... which is a phillips 47inch plasma hd ready... going for 400 quid if anyone is interested lmao xx
                How new is it?? I will buy it

                Comment


                • #9
                  Re: Hyperthetical question....

                  I think you ought to get advice from a solicitor before doing that. There are circumstances where a landlord can enforce a lien, but... you aren't a landlord, so it is complicated.

                  as for chucking him out... sure, there is no agreement, and he is a thief. N.B. call the police and report the theft.

                  Comment


                  • #10
                    Re: Hyperthetical question....

                    I was going to involve the police, however, there is not a lot they can do to be honest, I cant really prove he had the money, only by the fact i drew £1000 out my account and that my Mum and the other housemate witnessed it all.

                    To be perfectly honest, I really just want him out of the house before anything else goes 'missing'. Our landlord is totally aware of what is going on in this house at the moment and is being really nice about it all. Once he is gone we are going to pay to have the locks changed etc so he cannot get back into the house.

                    I just want it all over now... xx
                    Neither a borrower nor a lender be;
                    For loan oft loses both itself and friend,
                    And borrowing dulls the edge of husbandry.

                    Comment


                    • #11
                      Re: Hyperthetical question....

                      This same guy that lost the plot when you asked him to repay you his share of the bond originally ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Hyperthetical question....

                        sure is love x
                        Neither a borrower nor a lender be;
                        For loan oft loses both itself and friend,
                        And borrowing dulls the edge of husbandry.

                        Comment


                        • #13
                          Re: Hyperthetical question....

                          ok.. update...

                          the housemate in question was left a note on his bedroom door on friday last week stating that the locks were being changed on Monday and I required him to remove his stuff from the property as he would not be given a key to the doors once they were changed.n Come half past 5 Saturday afternoon he had moved out and taken everything with him inc the washing machine and tumble dryer.... Other housemates Mum bought us a washing machine so all is good, just need to get the money off the guy now because we are still £800 behind with our rent because of him not paying anything...
                          Where there is a will there is a way...

                          xx LL xx
                          Neither a borrower nor a lender be;
                          For loan oft loses both itself and friend,
                          And borrowing dulls the edge of husbandry.

                          Comment

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