Can my partners son get out of the Tenancy agreement

xs650

He has only been living with his ex girlfriend for 2mths, both their names are on the agreement but with only her signature. If she was to default on the rent would this come back on him, he has phoned the LL but was told his name is "in print" if he was to write to the LL giving a months notice in writing would this suffice?

alunharford

I would guess writing to the landlord to give notice would be a bad idea.

He could argue that he was simply a 3rd party to the contract between his ex and the LL - giving notice would clearly blow that out of the water.

You'd need to get proper legal advice though.

clutton_2

this is a very tricky one - just because his name is not on the agreement does not mean to say he will not be considered a tenant.

did he pay rent from his account ?

is his name on the deposit schemes administration pages ?
was he interviewed and accepted by the letting agent and/or landlord as a tenant

if any of these are true, then he forms part of the tenancy, and normally all tenants are jointly and individually liable for the rent - if one leaves, the remaining tenants are responsible for all the rent

is this what he wants to do ? - set up home then walk out on his obligations leaving the ex to pay for everything ? not a particularly adult response

xs650

Many thanks for your advice, very lengthy story between them, will ask him the question on payment and interview when he gets home, again thanks.

princeofpounds

Without a signature, a court would look at evidence of his actions to infer if he had the intention to set up a tenancy. That is why questions like those you have been asked are important.

Frankly, if they have split up or he is otherwise trying to leave her solely liable for a contract they were meant to take out together, that's pretty low on a moral level.

DVardysShadow

princeofpounds wrote: »

Without a signature, a court would look at evidence of his actions to infer if he had the intention to set up a tenancy. That is why questions like those you have been asked are important.

Having contacted the LL to find out about it, of course, he has lost plausible deniability

Frankly, if they have split up or he is otherwise trying to leave her solely liable for a contract they were meant to take out together, that's pretty low on a moral level.

I agree. If she was under the understanding that he was an equal party to this tenancy and she picks up the losses, then no one should be looking for getouts.

RabbitMad

princeofpounds wrote: »

Frankly, if they have split up or he is otherwise trying to leave her solely liable for a contract they were meant to take out together, that's pretty low on a moral level.

That was my first thoughts but we don't know the reason for the split so shouldn't cast judgements on the bloke.

He could be an immature little turd who has decided he doesn't want to live with her any longer, or he could have come home to find her entertaining an entire rugby team and decided that the relationship was probably over.