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  • FIRST POST
    • ABitOfAWally
    • By ABitOfAWally 18th Oct 16, 8:21 PM
    • 5Posts
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    ABitOfAWally
    Relationship breakup - joint tenancy issues
    • #1
    • 18th Oct 16, 8:21 PM
    Relationship breakup - joint tenancy issues 18th Oct 16 at 8:21 PM
    Hi,

    At the beginning of the year I broke up with my partner, we stayed living in the same house (large enough and it was amicable) as we had a joint tenancy. We eventually renewed for 1 year, I was going to go with 6 months but out of a sense of misguided loyalty I agreed to a year.

    She told me a month ago that she wants me out by 30th Nov as her new partner wants to move in. I agreed to this providing I could find somewhere else to live.

    My issues:

    Contract says rent is payable at the beginning of the month - she claims I have to pay one last payment on Dec 1st....

    The rent is £600, I've been paying £600 a month to her on the basis that she deals with all bills and any remnants go towards household wares. She refutes this, claims I don't own anything and that I need to stop trying to get out of paying what I owe.

    I basically use one room of the house to live in and sleep in, she has the rest.

    This is causing me a lot of stress, I believe I have been more than reasonable, her stance is making it so that I won't be able to afford to move unless I obtain a loan.


    Do you think I'm being reasonable? Any suggestions how I can sort this.
    Last edited by ABitOfAWally; 18-10-2016 at 8:43 PM. Reason: 31st Nov...
Page 1
    • bobobski
    • By bobobski 18th Oct 16, 8:33 PM
    • 397 Posts
    • 1,016 Thanks
    bobobski
    • #2
    • 18th Oct 16, 8:33 PM
    • #2
    • 18th Oct 16, 8:33 PM
    So she wants you out but to pay the rent for a period of time after you've left? On what basis?

    Perhaps a grown up sit-down with you, her, bank records and all the relevant facts and figures might help. The fact that she has no right to kick you out (and vice versa) is relevant, particularly as SHE has asked YOU to leave. If she continues to behave like this, refuse to leave. But be prepared for her to up and go, saddling you with all the liabilities.

    Check your lease by the way - does it allow one of you to move out early?
    #86: Save £12k in 2016: £7,792.18 / £10,000 (77.92%)
    House deposit by 31/12/2020: £10,763.60 / £60,000 (17.93%)
    Emergency fund by 31/12/2020: £294.91 / £5,000 (5.89%)
    • bobobski
    • By bobobski 18th Oct 16, 8:35 PM
    • 397 Posts
    • 1,016 Thanks
    bobobski
    • #3
    • 18th Oct 16, 8:35 PM
    • #3
    • 18th Oct 16, 8:35 PM
    I realised after posting - perhaps she doesn't understand the difference between paying rent in advance or in arrears. Check the lease - it's almost certainly in advance.
    #86: Save £12k in 2016: £7,792.18 / £10,000 (77.92%)
    House deposit by 31/12/2020: £10,763.60 / £60,000 (17.93%)
    Emergency fund by 31/12/2020: £294.91 / £5,000 (5.89%)
    • Pixie5740
    • By Pixie5740 18th Oct 16, 8:36 PM
    • 8,849 Posts
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    Pixie5740
    • #4
    • 18th Oct 16, 8:36 PM
    • #4
    • 18th Oct 16, 8:36 PM
    31st November? November only has 30 days.

    What is the (exact) date your tenancy started? I'm assuming your rent if paid in advance?

    In your shoes I wouldn't go moving out whilst still remaining jointly responsible for the rent? Is the landlord willing to do a deed of assignment to have your name removed from the tenancy agreement?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • ABitOfAWally
    • By ABitOfAWally 18th Oct 16, 8:42 PM
    • 5 Posts
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    ABitOfAWally
    • #5
    • 18th Oct 16, 8:42 PM
    • #5
    • 18th Oct 16, 8:42 PM
    31st November? November only has 30 days.

    What is the (exact) date your tenancy started? I'm assuming your rent if paid in advance?

    In your shoes I wouldn't go moving out whilst still remaining jointly responsible for the rent? Is the landlord willing to do a deed of assignment to have your name removed from the tenancy agreement?
    Originally posted by Pixie5740
    haha, good point

    The exact date was something like 1st December 2013. The contract states that rent is payable in advance and runs from the 1st > to the end of the month.

    To be honest I think this is more of a relationship query than a housing one, just been stressing me out.

    I've contacted the landlord, he is willing to transfer the tenancy. Her new partner is aiming to move in and start paying rent from the next month. I don't think she has a leg to stand on, yet I'm still trying to be civil.
    • Pixie5740
    • By Pixie5740 18th Oct 16, 8:50 PM
    • 8,849 Posts
    • 11,856 Thanks
    Pixie5740
    • #6
    • 18th Oct 16, 8:50 PM
    • #6
    • 18th Oct 16, 8:50 PM
    The your tenancy periods are 1st to last day of the month. If you move out 30th November and are removed from the TA you will not be liable for rent 1st December. That will be down to your ex and her new beau.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 18th Oct 16, 8:56 PM
    • 37,032 Posts
    • 40,949 Thanks
    G_M
    • #7
    • 18th Oct 16, 8:56 PM
    • #7
    • 18th Oct 16, 8:56 PM
    1) When did you sign the latest 12 month tenancy (exact date)?
    2) Is there a Break Clause? What (exactly) does it say?

    You do realise that you moving out does not end the tenancy, nor your legal obligations for rent and damage?

    You need to end the tenancy. That can only be done by agreement with both tenants AND the landlord, and depends on either
    * the legal contract (hence my Qs above) or
    * the LLs goodwill

    If your ex and new partner get into rent arrears after you move out, or cause damage to the property, you can still be charged by the landlord unless the tenancy has ended (and a new one started in their names.) Are you happy with this?
    Last edited by G_M; 18-10-2016 at 8:58 PM.
    • TBagpuss
    • By TBagpuss 18th Oct 16, 9:02 PM
    • 4,842 Posts
    • 6,351 Thanks
    TBagpuss
    • #8
    • 18th Oct 16, 9:02 PM
    • #8
    • 18th Oct 16, 9:02 PM
    If there is a transfer of the tenancy then you'd need to confirm with the *landlord*, not with your ex, what dates to you pay for. And would also need to agree how you are going to deal with the deposit - is the new boyfriend going to pay you 50% of the original deposit?

    In terms of home contents are you looking to take a fair share of these or just unsure where you stand?
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