Partners ex taking us for every unfair penny....

crofty-1988

Ok, this is not easily understood but here goes...

About 2 years ago I met my partner, he was living with his ex girlfriend at the time as neither of them could afford to move out, but when I came on the scene she threw a wobbler and took off leaving my partner hundreds of pounds debt.

The debt was her unpaid rent, my partner has bank statements to prove he paid every single months rent.

She had a guarantor - her mother, who refused to pay off her daughters debt and from then on ignored calls from their landlord.

So why does my partner have money taken from HIS wage??

His ex has since had a baby so will be easy for the courts to find as no doubt she will be claiming benefits...

But they say they cant find her and so my partner must pay, so I appealed to the court using all evidence we have which is more than enough to prove the debt is hers.... but they refuse to even remove the CCJ and continue to say they dont know where she is, her mother doesnt answer and they need the debt paid....

This is so not fair, can anyone help please

Fire_Fox

If it was a joint tenancy then your partner and his ex were jointly and severally liable for the FULL amount of the rent. In joint tenancies there is only one tenant in the eyes of the law, no his and hers rent or debt, and so the creditor only needs to find one party to claim the arrears. It's not the courts responsibility to find your partner's ex, if you can provide an address then they should be willing to chase it up, tho it may be too late as a CCJ has already been issued.

I know it may not seem fair but it is, your partner signed the AST with his partner agreeing that they (as a unit) would pay the full amount of the rent. As this legal contract has been breached the creditor has taken the tenant to court to uphold the contract. With the benefit of hindsight, it would have been better if your partner had not allowed it to go that far and made a private arrangement to pay in installments.

DVardysShadow

If he has paid every single month's rent, how did they get a CCJ? Or did he only pay half of it? Before you answer, google on 'joint and several liability', which menas that either party can be held liable for the whole of the rent. I think it is a fair bet those words appear in the tenancy agreement. Your partner does of course have the option to sue his ex. If that fails, then it will be so not fair, but until he tries, you can console yourself with the thought that the LL is not out of pocket and no longer having to deal with the aftermath of your partner and his ex.

Milliewilly

Yes - how was there hundreds of punds of unpaid rent debt at the point the woman threw a wobbler and moved out? Why did the Landlord not act at the time he was only getting 1/2 rent?

theartfullodger

So why does my partner have money taken from HIS wage??

Creditors will usually go after the person easiest to find and easiest to get money out of (eg your partner at a known address and in employment...)... - which they are legally entitled to, rather than go after the person who really should pay..

There is a big difference between "The Law" & "Justice".

Sorry to hear your story...

Lodger

crofty-1988

It was not a joint agreement, half the tenancy was in her name half was in his, half came from her bank account half came from his...

I assume somewhere there must be a loophole that makes it alright for them to demand him to pay her debts but still think its totaly unfair.

He had asked his ex to pay up on several occasions but she either ignored calls or made false promises.

When she threw a wobbler we actually found out the landlord had written her a letter asking her them both to leave the premises as of the beginning of december due to her not paying her rent for so long, he also wrote my partner an apology saying how sorry he was that he was having to ask him to leave and explaining that he has tried and tried for the debt to be re-paid.

Is it worth us paying to have the CCJ set aside?

Would we get any money back if we did?

We know what town his ex lives in but would not be able to find out an adress or number.

Thanks for all the help so far ;o)

crofty-1988

Thanks Lodger... that is exactly what has happened in this instance, they knew that my partner has been a hard grafter all of his working life and me getting involved meant they had our new adress and contact details.

Funnily enough her guarantor 'moved house' too, which we all know she did'nt. Shame because we know her adress!

PasturesNew

Which account/s the money was coming from wouldn't alter the wording on the tenancy and the obligations to pay ALL the rent. What does the contract actually say?

roses

Hi, it looks as though you are not getting the full/legally correct story here from your partner.

You can't sign half a tenancy. Perhaps the landlord allowed them to pay half each but if you look at the actual signed tenancy document then you will find that they are both liable ie your partner is obliged to pay all of it if she does a runner.

DVardysShadow

crofty-1988 wrote: »

It was not a joint agreement, half the tenancy was in her name half was in his, half came from her bank account half came from his...

I assume somewhere there must be a loophole that makes it alright for them to demand him to pay her debts but still think its totaly unfair.

How do you come to the conclusion that your partner did not enter into a single tenancy jointly with his ex? Would the LL have been free to impose another tenant once the ex left? Did each of them have exclusive occupation of part of the premises - to the exclusion of the other??

Because if not, then he and his ex are one tenant like wot FireFox says. And the liability is "Joint and Several". Pout if you like, but it is a well recognised legal concept, not a loophole.

crofty-1988 wrote: »

He had asked his ex to pay up on several occasions but she either ignored calls or made false promises.

When she threw a wobbler we actually found out the landlord had written her a letter asking her them both to leave the premises as of the beginning of december due to her not paying her rent for so long, he also wrote my partner an apology saying how sorry he was that he was having to ask him to leave and explaining that he has tried and tried for the debt to be re-paid.

Is it worth us paying to have the CCJ set aside?
Would we get any money back if we did?

It is a shame you did not know earlier about Joint and Several liability, because you could have gone after her hide while you still knew where she was. If you can find her, you can still go after her for a CCJ.

But you are wasting your time to try and get the CCJ against your partner set aside.

DVardysShadow

crofty-1988 wrote: »

Thanks Lodger... that is exactly what has happened in this instance, they knew that my partner has been a hard grafter all of his working life and me getting involved meant they had our new adress and contact details.

Funnily enough her guarantor 'moved house' too, which we all know she did'nt. Shame because we know her adress!

Perhaps the LL would have taken his chance against the ex if you had stayed out of it?