Landlady chasing me for arrears I've not accrued HELP!

jamiehamie

I need a little advice about where I stand with my landlady.

I was previously living in rented accommodation with my wife. Our contract for rental expired on 04th February and we didn’t receive a new one.

My wife and I split up on 15th February and I moved out of the property. My ex-wife remained in the property and I know that the rent for February and March were paid in full. I also know that my ex-wife spoke to the landlady shortly after I left to advise her of our situation. During the conversation the landlady said to my ex that she would need to remove my name from the contract.

To date no new contract has been produced with just my exs name on. My ex is now one month in arrears and as she can’t pay it the landlady is chasing me for it. I have stood my ground and said that the landlady was fully aware that I was no longer living there and that the arrears had accrued some months after I had left. The landlady has said that I am still on the contract and if she wants to she will say she was never aware of our situation and that she didn’t have a conversation with my ex.

What I want to know is am I still liable for this rent despite the contract expiring on the 04th February followed by me moving out on the 15th. I do feel I can prove that I wasn’t with my ex as I started paying maintenance for my kids and my ex began to receive housing benefit.

Any advice greatly appreciated as I’m being constantly harassed by the landlady.

gazfocus

Sorry to hear about your relationship breaking up. I think, if the contract ended on 4th February and the tenancy went on to a month by month let, you will still be on the tenancy and therefore jointly responsible for the rent.

However, if she's claimed housing benefit and not using it for the rent, there maybe worse problems in store for your ex.

barnaby-bear

jamiehamie wrote: »

I need a little advice about where I stand with my landlady.

I was previously living in rented accommodation with my wife. Our contract for rental expired on 04th February and we didn’t receive a new one.

My wife and I split up on 15th February and I moved out of the property. My ex-wife remained in the property and I know that the rent for February and March were paid in full. I also know that my ex-wife spoke to the landlady shortly after I left to advise her of our situation. During the conversation the landlady said to my ex that she would need to remove my name from the contract.

To date no new contract has been produced with just my exs name on. My ex is now one month in arrears and as she can’t pay it the landlady is chasing me for it. I have stood my ground and said that the landlady was fully aware that I was no longer living there and that the arrears had accrued some months after I had left. The landlady has said that I am still on the contract and if she wants to she will say she was never aware of our situation and that she didn’t have a conversation with my ex.

What I want to know is am I still liable for this rent despite the contract expiring on the 04th February followed by me moving out on the 15th. I do feel I can prove that I wasn’t with my ex as I started paying maintenance for my kids and my ex began to receive housing benefit.

Any advice greatly appreciated as I’m being constantly harassed by the landlady.

You are liable because you haven't ended the tenancy - you need to formally notify the LL that you have left. Google ending joint tenancy.
http://forums.moneysavingexpert.com/showthread.html?p=10412541
A new tenancy would have to be drawn up in your wife's name or the tenancy completely ended. You need to officially end your liability ASAP in WRITING.
You are both liable and the LL can pursue either of you for the whole amount. Your legal comeback is to recover that from your wife via small claims or courts.

jamiehamie

Thanks for the advice, what a pi**er. Okay, so what's the worst that can happen. Like I say I'm not in the property, but could it potentially go through the small claims court for the LL to claim back. If acceptable could I just make token payments?

I'm also inclined to write a letter of 'Notice to Quit' including a sentence to the LL where I'm suggesting I have already written to her to advise of the situation. One part of me thinks that if she wants to be underhand about saying the conversation never occurred then I to can be the same. Who's to say that I didn't send a letter when I first left the property. Probably won't do me any good, but might make me feel better temporarily.

gazfocus

jamiehamie wrote: »

Thanks for the advice, what a pi**er. Okay, so what's the worst that can happen. Like I say I'm not in the property, but could it potentially go through the small claims court for the LL to claim back. If acceptable could I just make token payments?

I'm also inclined to write a letter of 'Notice to Quit' including a sentence to the LL where I'm suggesting I have already written to her to advise of the situation. One part of me thinks that if she wants to be underhand about saying the conversation never occurred then I to can be the same. Who's to say that I didn't send a letter when I first left the property. Probably won't do me any good, but might make me feel better temporarily.

If you want to claim to have already sent a letter, you could 'make up' a letter with the date you left as the date sent and include it with the letter you send. Also you could say in your letter 'as you have not responded to my previous letter (attatched), I am sending this via Recorded Delivery'

Dunno...just an idea?

N79

gazfocus wrote: »

If you want to claim to have already sent a letter, you could 'make up' a letter with the date you left as the date sent and include it with the letter you send. Also you could say in your letter 'as you have not responded to my previous letter (attatched), I am sending this via Recorded Delivery'

Dunno...just an idea?

All well and good but when the LL takes you to court for the rent an claims to have not received your letter how will you answer the court when you are asked when you posted the letter?

Perverting the course of justice carries a (potentially large) jail sentence....

N79

jamiehamie wrote: »

One part of me thinks that if she wants to be underhand about saying the conversation never occurred then I to can be the same.

The problem is that you have to give notice to end a tenancy in writing so whether or not you had such a conversation is immaterial.

I have commented above on the where lying will get you if the matter gets to court - you will either expose yourself as a liar (in which case the court will not be disposed to believe anything you say) or you risk perjuring yourself - a very bad idea as any solicitor will tell you.

silvercar

If you are quitting the tenancy you either need to arrange for your ex to take up a new rental contract or provide vacant possession. You can't just say you are ending the tenancy but leaving your family and/ or chattels in situ. (well you can, but your landlord would be entitled to charge you rent while you are still in possession.)

pinkshoes

You need to write the the LL giving your 1 months notice (before a due rent date) and send it recorded delivery. You also need to remind her that either she updates the tenancy agreement for just your ex wife, or she gives your ex wife notice to move out.

Until your official move out date (so about 1 month from now) you'll still be responsible for rent.

Have you actually spoken to your ex about why she's in arrears???

silvercar

Your tenancy (joint with your ex) is now periodic, so you have to give a month's notice to end at the end of a rent period.

You need to get this sorted so that before 4th May you can give notice to end your tenancy on 4th June.

You say Feb and March rent was paid in full, so that means finding the rent for April and May. If your ex has claimed HB then hopefully the claim will be processed quickly and she can pay the rent. Otherwise you and her remain jointly liable and you risk a deposit deduction or worse being taken to court.

System

if you can afford to I would pay the money your exwife owes in rent. It sounds like she lives with your kids and if she is in trouble then I would have thought you would want your kids to have a roof over there head!