Renting and domestic violence

hannah9000

Good Morning all,

My sister is in a violent relationship, and she's trying to get out. However, complications include a 4 month old baby and the fact she cannot leave without telling her partner where she's going and who with. If she leaves without telling him, he's threatened to hurt the family.

My question is, they are in private rented accommodation, they have been there for a year so legally a months notice would be required. Would she be able to pay up and give notice to leave but leave him there?? Could she leave on domestic violence grounds? I've tried trawling the net but i'm finding nothing, she's worried about getting in trouble with the landlady and letting agent but surely if she's trying to remove herself from harm she's entitled to leave asap? There must be loopholes?

Help!

N79

Key question.

Is your sister named on the tenancy agreement? There are two very different scenarios riding on the answer.

hannah9000

Yes they are both named tenants...

Great_Hairdresser

Leave him their to deal with the Land lady, grab the baby, and get out.

If her or the baby are going to get hurt from this man, a bit of bother from the land lady is the least of her worries.

You could try refuge for further information.

Hope she can get out soon x

theGrinch

sorry to hear that. has she spoken with citizens advice?

hannah9000

She can't speak to anyone, the only way I know is because she emails me from a private email address that he doesn't know about. She can't get out or use the phone...

deedee71

hannah9000 wrote: »

She can't speak to anyone, the only way I know is because she emails me from a private email address that he doesn't know about. She can't get out or use the phone...

For gods sake go and get her out of there now :eek:

Money, bad references etc....who cares.....

Get her and baby out and contact Refuge......TODAY

matmad

Speaking from personal experience, she needs to get out as soon as she gets the opportunity. Her safety and that of the baby are the most important things.

He will probably be enraged by her leaving, and by being left to answer to the landlady on his own.

Best if she is able to go to an address he can't track her down to, preferably out of the area, and for her not to soften at any point and get in touch with him.

Get in touch with Refuge (as has been said), and get as much help and advice as possible.

If he is threatening her family also, get the police involved. Apparently they are much more helpful than they used to be in my day.

In summary, it's possibly a bummer for the landlady, but that is the least of her worries.

N79

I'm not going to deal with the issue of domestic violence - I am only going to comment on the tenancy related questions.

Then she is jointly liable for the tenancy. As a joint tenant she can give 1 months notice to end the tenancy. Her liability for rent would remain until the tenancy is terminated although arguably she could sue her partner for any rent she has to pay after she moves out.

There are no changes to the way a tenancy is ended due to relationship breakup. A tenant still retains all their obligations.

Most reasonable (human) LLs will be sympathetic to genuine cases but be aware that many people play this card to try to avoid meeting their obligations and to get out of "inconvenient" tenancies and so a LL might intially view such claims with suspicion.

Jowo_2

"Could she leave on domestic violence grounds"

There are no personal circumstances which make it valid grounds for a tenant to surrender the tenancy unless the landlord consents to it. Suggest she speaks to the landlord to inform them of her situation, the police for the violence and Shelter for her housing rights and potential homelessness.

http://england.shelter.org.uk/get_advice/families_and_relationships/domestic_violence

"they have been there for a year so legally a months notice would be required"

Are you saying that the initial one year fixed term tenancy agreement has lapsed and it is now a periodic tenancy? Your sister should check this is the case and be aware that 1 months notice can't be given at any point but must be timed to expire with the next rental period - the notice ends on the first or last day of the period of a tenancy - "if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth."

If she has a fixed term contract, it cannot be surrendered early unless there is a break clause or landlord consents to it.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence

"Would she be able to pay up and give notice to leave but leave him there..they are both named tenants??"

If a joint tenant legitimately serves notice or the landlord agrees to accept early notice, then the tenancy ends for all and it is up to the remaining tenant to negotiate with the landlord to remain in the property. The joint and several liability that comes from a jointly signed AST means that it is irrelevant to the landlord who is responsible for arrears/damage as either or both tenants must pay. Therefore it is important that your sister doesn't get into the position where she is responsible for paying rent when she no longer lives there, particularly if the abusive partner stops paying the rent when she is still jointly responsible. The first link on domestic violence gives info on how to get the perpetrator out, etc.
http://england.shelter.org.uk/get_advice/renting_and_leasehold/renting_agreements#6

hannah9000

We're not worried about his threats to the family, he knows he'd be messing with some serious people so i'm not sure he'd follow through with that. The thing is, she's weak, and whilst she's said to us she wants out and she hates him, i'm not sure if she'd protest if we bustled in army stylee to get her! Because she's dependant on him now.
I live an hour away from her and he has no idea where my house is, I have offered her my place to stay.