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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, i have joint tennancy which my husband hasnt signed

Resolved Question:

Hi,

i have joint tennancy which my husband hasn't signed yet as we have a mould problem, am I legally entitled to a copy, as the Managing Agent is refusing to give me one until my husband signs it.

Thanks.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Have you both moved in to the property?

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Hi

Not yet due to mould, he doesn't want to sign until problem fixed, we are staying in hotel.
Expert:  Thomas replied 6 years ago.

Right.

 

If you have signed then the agents could execute on behalf of the landlord and complete the agreement by dating it and you would be bound by the agreement. If your husband then moved in he would also be bound by it, even if he did not sign it.

 

You have rights in respect of disrepair of the property.

 

If the state of repair (particularly damp/mould) is very bad then you should contact the local authority environmental health department and ask them to send an officer round. If the state of the property is bad he will issue an enforcement notice against the Landlord to carry out works and this may prompt him in to making the repair. If he finds it unfit for human habitation then he will declare it as such and you will be able to terminate your agreement with the landlord on the basis of this breach.

 

If you move in to the property you should formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/


Its pretty cheap and straightforward to use.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

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