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  • FIRST POST
    • Manchester1234321
    • By Manchester1234321 10th Feb 18, 3:56 PM
    • 9Posts
    • 1Thanks
    Manchester1234321
    Leaving joint tenancy
    • #1
    • 10th Feb 18, 3:56 PM
    Leaving joint tenancy 10th Feb 18 at 3:56 PM
    Just asking for advise.

    Recently found out my partner has been cheating on me for several years, aswell as being opened to the abusive behaviour that I was receiving from him - only realised when looking from the outside in what had actually been happening.

    We currently have a joint tenancy together which is due to end in a couple of months.

    Rent is paid via direct debit from my account, he would send over his half each month. So I was wondering if when I leave, hopefully sooner than the few months left, how easy it would be to swap the direct debit to himself/or if I just cancelled it from my account completely.
    Lettings people have been very helpful so want to cause minimal issues with them.
Page 1
    • dimbo61
    • By dimbo61 10th Feb 18, 5:37 PM
    • 9,754 Posts
    • 5,254 Thanks
    dimbo61
    • #2
    • 10th Feb 18, 5:37 PM
    • #2
    • 10th Feb 18, 5:37 PM
    You need to serve notice to quit the property or you are still in a Joint and several tenancy.

    https://www.which.co.uk/consumer-rights/advice/my-housemate-has-stopped-paying-their-rent-do-i-have-to-pay
    • Pixie5740
    • By Pixie5740 10th Feb 18, 6:12 PM
    • 11,671 Posts
    • 16,428 Thanks
    Pixie5740
    • #3
    • 10th Feb 18, 6:12 PM
    • #3
    • 10th Feb 18, 6:12 PM
    We currently have a joint tenancy together which is due to end in a couple of months.
    Originally posted by Manchester1234321
    Why is your current tenancy due to end in a couple of months? Have you served notice to end the tenancy or do you mean that the fixed term is about to end rather than the tenancy itself?

    Read G_M's guide to Ending/Renewing an AST for further information. (I have taken a punt that you are in England given your user name.)

    Rent is paid via direct debit from my account, he would send over his half each month. So I was wondering if when I leave, hopefully sooner than the few months left, how easy it would be to swap the direct debit to himself/or if I just cancelled it from my account completely.
    Originally posted by Manchester1234321
    Are you positive that you pay rent by direct debit? It's very unusual to pay rent in this way; standing order is far more common.
    • Manchester1234321
    • By Manchester1234321 10th Feb 18, 6:45 PM
    • 9 Posts
    • 1 Thanks
    Manchester1234321
    • #4
    • 10th Feb 18, 6:45 PM
    • #4
    • 10th Feb 18, 6:45 PM
    Sorry for late replies.

    Fixed term due to end in couple months, break clause makes it sooner - Iíve surrendered.

    Paid by direct debit as HA but full rent not council rate. If it were standing order this would be a lot easier.
    • Manchester1234321
    • By Manchester1234321 10th Feb 18, 6:46 PM
    • 9 Posts
    • 1 Thanks
    Manchester1234321
    • #5
    • 10th Feb 18, 6:46 PM
    • #5
    • 10th Feb 18, 6:46 PM
    Tried looking on Shelter site but nowhere really mentions the direct debit for rent, seems it!!!8217;s not at all common, and their online chat don!!!8217;t open again till Monday so hoped people here would be helpful.
    • Pixie5740
    • By Pixie5740 10th Feb 18, 6:50 PM
    • 11,671 Posts
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    Pixie5740
    • #6
    • 10th Feb 18, 6:50 PM
    • #6
    • 10th Feb 18, 6:50 PM
    Does your partner know that you have served notice to invoke the break clause? For the tenancy to end both of you will need to move out or if he wants to stay the landlord would have to agree to granting him a new tenancy.

    You can't just transfer a direct debit into someone else's name. That's not how they work.
    • Manchester1234321
    • By Manchester1234321 10th Feb 18, 6:54 PM
    • 9 Posts
    • 1 Thanks
    Manchester1234321
    • #7
    • 10th Feb 18, 6:54 PM
    • #7
    • 10th Feb 18, 6:54 PM
    No he doesn!!!8217;t know as after the revelation he walked out and left.
    Refused to sign the surrender and was using it as collateral to come back and stay till end of fixed term.

    I have spoken to the HA regarding the reasons that the tenancy needs to end, they advised that I could surrender on my own and have accepted it.
    • Pixie5740
    • By Pixie5740 10th Feb 18, 7:04 PM
    • 11,671 Posts
    • 16,428 Thanks
    Pixie5740
    • #8
    • 10th Feb 18, 7:04 PM
    • #8
    • 10th Feb 18, 7:04 PM
    No he doesn!!!8217;t know as after the revelation he walked out and left.
    Refused to sign the surrender and was using it as collateral to come back and stay till end of fixed term.

    I have spoken to the HA regarding the reasons that the tenancy needs to end, they advised that I could surrender on my own and have accepted it.
    Originally posted by Manchester1234321
    If your ex has walked out does that mean he is living elsewhere now? If so why is there a need for him to set up a direct debit to pay the rent in the future?

    The letting agent is correct in that it only takes one joint tenant to serve notice since joint tenants are seen as a single legal entity. However, unless you both vacate the property you will still be liable for the rent....double rent in fact. Please do read the information in the link I provided earlier.
    • Manchester1234321
    • By Manchester1234321 10th Feb 18, 7:11 PM
    • 9 Posts
    • 1 Thanks
    Manchester1234321
    • #9
    • 10th Feb 18, 7:11 PM
    • #9
    • 10th Feb 18, 7:11 PM
    He walked out. Said he would maintain his commitments to pay till the end of the fixed term.

    A day later he changed his mind when we were told we could surrender early. He is now coming back and expecting to stay in the property till the end of the fixed term, rather than the surrender notice period. He is doing this as he knows that due the circumstances surrounding the split that I would not want to stay here with him. Itís the final thing he can do to hurt me.

    He is coming back the beginning of the week and, from what I understand, expects everything to go back to Ďnormalí for the remainder of the term. This is not going to happen.
    • Pixie5740
    • By Pixie5740 10th Feb 18, 7:27 PM
    • 11,671 Posts
    • 16,428 Thanks
    Pixie5740
    I've just given you advice based on the legalities of ending a joint tenancy. For advice about leaving an abusive relationship I leave that to more experiences organisations such as Women's Aid and Refuge.

    http://www.nationaldomesticviolencehelpline.org.uk
    Last edited by Pixie5740; 10-02-2018 at 9:25 PM. Reason: Typos
    • deannatrois
    • By deannatrois 10th Feb 18, 9:00 PM
    • 5,123 Posts
    • 7,190 Thanks
    deannatrois
    Yes Contact Women's Aid, see what you can do to protect yourself. See if you can legally change the locks.
    • Manchester1234321
    • By Manchester1234321 12th Feb 18, 5:34 AM
    • 9 Posts
    • 1 Thanks
    Manchester1234321
    I have called them and am waiting for a call back as they were busy so couldnít get through.

    Havenít had any sleep the last night as Iím scared about whatís going to happen.
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