Bit of a long one. My son signed a joint tenancy agreement on Easter Sunday. There were a couple of issues which made him increasingly uncomfortable. Anyway the other tenant said they were happy to have the contract changed and him taken off. We got some advice and were advised to approach the landlord. Which he did.
The landlord came back with the most aggressive and threatening email saying my son had gone into the contract in bad faith, had never intended to move in and he (the landlord) would contact the police to have him charged with fraud & would seek a custodial sentence.
My son was completely thrown by the email. He knew there was a chance that the landlord would refuse to change the contract, or ask for financial compensation, but the landlord hasn't actually addressed my son's email He's just ranted at him.
The initial issues were that my son felt mislead about an aspect of the security of the property. He was then made aware that he hadn't been given - as a joint tenant - some of the paperwork you'd expect eg the How to Rent guide. After speaking to him more there are other red flags. The landlord sent over the tenancy application form to the other tenant, which was forwarded to my son. He couldn't provide some of the contact details for his employer (it's a new employer) and was told by the other tenant 'don't worry, the landlord said he won't contact them anyway'. He also only passed over his bank statements on the day the contract was signed - so I'm assuming there would be no time for a credit check. It sounds as though the landlord may also have put pressure on them to sign the contract, by stressing someone else who had viewed it several times was coming straight after them.
My son kept his keys - as he is still on the tenancy. The landlord has said either this makes him a thief as it isn't his property, or if he says it his his house, he is admitting he is liable for the rent and that the landlord can 'prosecute' [sic] him for it.
The thing is, my son isn't denying that at the moment he is liable for rent. He knows that. He's just trying to find a solution. Given that the other tenant have said they are happy to take on the tenancy (they also said they had agreed this with the landlord, but now we are not sure if that is true), it would seem that the only question is how much of the rent covered by the current agreement my son should pay. As I said, my son knew there was a chance the contract couldn't be changed. The relationship with the other joint tenant was strained (due to him questioning aspects of the tenancy, and also because the other tenant started being difficult about some thing) but he knew he might have to suck it up and just move in and try and salvage that relationship - or even pay for somewhere he wasn't living. However, now he really doesn't want to have anything to do with the landlord.
I'm at a loss at how to help him.
Added context, he currently lives at home & this is the first time he has tried to rent anywhere. I'm quite happy to admit there was some naivety on his part, but the escalation from the landlord seems completely disproportionate, not to mention unprofessional.
Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Legal matters
Joint Tenancy Issues - Crazy Landlord
ObviouslyIChangedName · 09/04/2024 08:28
Hoppinggreen · 09/04/2024 08:40
I deal with Tenancy agreements as part of my job but I am not a lawyer.
My take based on the information you provided is that your son neeeds to ONLY correspond with the LL and not take anything the other Tenant says as fact. The LL might well be crazy but you dont know what the other Tenant has said to the LL and vice versa. Your son is a Tenant for now and the LL has agreed to let the property to 2 people and based his decision on that, the other Tenant may not have been accepted on their own as LL often prefer 2 Tenants who are working so thats why he may feel he has been lied to.
I can appreciate that he may not want to live there now but its not just as simple as the other Tenant agreeing to take the property on as a sole Tenant and the LL can (depending on the contract) continue to hold your son responsible for the rent until the Tenancy agreement ends.
As I said I am not a lawyer but I do have experience with these contracts and would be happy to have a look at it and give my experienced based advice.
ObviouslyIChangedName · 09/04/2024 09:32
Thank you. I think if the LL had just said "sorry you signed the agreement, I'm not prepared to change it" that would be one thing. But he hasn't even addressed that. He's just sent emails threatening to call the police. It just seems such a bizarre way to respond.
The only thing I can think is that CAB have confirmed that as the LL hasn't issued the How to Rent guide he can't legally apply for a Section 21 order to end the tenancy his end, if he just wanted to get rid of everyone.
Hoppinggreen · 09/04/2024 08:40
I deal with Tenancy agreements as part of my job but I am not a lawyer.
My take based on the information you provided is that your son neeeds to ONLY correspond with the LL and not take anything the other Tenant says as fact. The LL might well be crazy but you dont know what the other Tenant has said to the LL and vice versa. Your son is a Tenant for now and the LL has agreed to let the property to 2 people and based his decision on that, the other Tenant may not have been accepted on their own as LL often prefer 2 Tenants who are working so thats why he may feel he has been lied to.
I can appreciate that he may not want to live there now but its not just as simple as the other Tenant agreeing to take the property on as a sole Tenant and the LL can (depending on the contract) continue to hold your son responsible for the rent until the Tenancy agreement ends.
As I said I am not a lawyer but I do have experience with these contracts and would be happy to have a look at it and give my experienced based advice.
Hoppinggreen · 09/04/2024 09:35
I dont think that this issue is he wants to get rid of everyone, he just wants the Tenants he chose and who agreed to The Tenancy agreement to pay rent and adhere to the Tenancy T's and C's.
Yes, he is over reacting and may well be a nutter but you dont know what has happened to him previously.
ObviouslyIChangedName · 09/04/2024 09:32
Thank you. I think if the LL had just said "sorry you signed the agreement, I'm not prepared to change it" that would be one thing. But he hasn't even addressed that. He's just sent emails threatening to call the police. It just seems such a bizarre way to respond.
The only thing I can think is that CAB have confirmed that as the LL hasn't issued the How to Rent guide he can't legally apply for a Section 21 order to end the tenancy his end, if he just wanted to get rid of everyone.
Hoppinggreen · 09/04/2024 08:40
I deal with Tenancy agreements as part of my job but I am not a lawyer.
My take based on the information you provided is that your son neeeds to ONLY correspond with the LL and not take anything the other Tenant says as fact. The LL might well be crazy but you dont know what the other Tenant has said to the LL and vice versa. Your son is a Tenant for now and the LL has agreed to let the property to 2 people and based his decision on that, the other Tenant may not have been accepted on their own as LL often prefer 2 Tenants who are working so thats why he may feel he has been lied to.
I can appreciate that he may not want to live there now but its not just as simple as the other Tenant agreeing to take the property on as a sole Tenant and the LL can (depending on the contract) continue to hold your son responsible for the rent until the Tenancy agreement ends.
As I said I am not a lawyer but I do have experience with these contracts and would be happy to have a look at it and give my experienced based advice.
To comment on this thread you need to create a Mumsnet account.