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

duncan303

crofty-1988 wrote: »

It was not a joint agreement, half the tenancy was in her name half was in his........,

Not quite sure I follow this how can a person share half a house only??? as "tenants in common",possibly............but "half a tenancy"

It does not seem to make any sense, why would a landlord draw up such an agreement?.


...

Jowo_2

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...

If they both signed the same agreement which made them jointly and severally liable, then it was a joint agreement and there's no such thing as a 'half and half' split. Both are liable and who is responsible for any arrears or who pays them is entirely irrelevant in honouring the contract.

As per the earlier post, there aren't two tenants in a joint tenancy from a legal perspective - its merely up to joint tenants to sort out difficulties themselves - the landlord is free to pursue whomever he wishes.

Fire_Fox

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.

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)

Most house/ flat shares are joint tenancies, it's only if you rent a bedsit in a HMO with your own loackable bedroom door that you will not be on such an arrangement. If they signed one contract then it is a joint tenancy and they were jointly and severally liable for the FULL rent, any arrangement to pay half from one bank account and half from another was down to the kindheartedness of the landlord.

To be able to move on with your lives you need to stop thinking of this as her debt. Morally that may be the case, but legally this is now your partner's debt as he signed the AST and he has a CCJ. You will not get a set aside on the grounds it isn't fair. Sounds like the landlord has been very nice, but he should not be left out of pocket because of a relationship breakdown that has nothing to do with him.

If you can prove where the ex or her guarantor live you can take small claims action yourself for the money returning. Check the voting roll or ask around the neighbourhood or try Google or see if they are listed in the Phone Book. If they are served notice of a court date then the case can go ahead without them, but they could try for a set aside if they can demonstrate they did not get the papers as you got the address wrong.

This thread is quite long but details EagerLearner's efforts to prove where their ex-landlady lived so they could take her to court for the return of their deposit:
http://forums.moneysavingexpert.com/showthread.html?t=227606

crofty-1988

Thanks to all for your help, my partner wanted to pay off HER debt so it could be over with quicker and quieter.

I understand that he probably was in a joint tenancy with half the rent coming from his bank account, but I ask what the hell is the point in a guarantor if they are just going to let her be 'unavailable' and come running to the easiest source of money??!

FYI I did not split them up they had been living there as friends for a year, seems this is when she stopped paying her share of the rent as she then saw herself as a friend staying with him yet she did sign to declare living there.

Thanks again all for your honest answers, I suppose the best outcome will possibly come from waiting until we get ahold of her adress so we can go through small claims, although maybe some of you are right and I shoudl just start seeing it as his debt.

Actually maybe we may just go move into a beautiful mansion with a 'friend' and refuse to pay rent then one day disappear and hey presto 6 months later we will be debt free..... this is the FAIR law after all?!?!?!?!

crofty-1988

Jowo wrote: »

If they both signed the same agreement which made them jointly and severally liable, then it was a joint agreement and there's no such thing as a 'half and half' split. Both are liable and who is responsible for any arrears or who pays them is entirely irrelevant in honouring the contract.

As per the earlier post, there aren't two tenants in a joint tenancy from a legal perspective - its merely up to joint tenants to sort out difficulties themselves - the landlord is free to pursue whomever he wishes.

My last 3 tenancies have all been joint tenancies with TWO tenants, he gets one contract in his name, I get one in my name.....

Wickedkitten

crofty-1988 wrote: »

My last 3 tenancies have all been joint tenancies with TWO tenants, he gets one contract in his name, I get one in my name.....

Of course there are two of you, but when it comes down to something going wrong, the law tends to see you as one.

crofty-1988

PasturesNew wrote: »

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?

Apologies to all I seem to have upset, we no longer have the contracts, but Im sure as you have said my OH would have been responsible in some way, I just always assumed that thats what a guarantor was for...

DVardysShadow

crofty-1988 wrote: »

My last 3 tenancies have all been joint tenancies with TWO tenants, he gets one contract in his name, I get one in my name.....

If it is a HMO tenancy, then fine. If it is one agreement between LL and T where T is you and someone else, even if you each get a copy, then watch out.

crofty-1988

Wickedkitten wrote: »

Of course there are two of you, but when it comes down to something going wrong, the law tends to see you as one.

I know that I only wish the law had taken the process step by step or at least offer my OH an explanation as to what the hell was going on and what he was paying for and why he was paying instead of just snatching money from his wages, he has never even had a letter from the courts explaining a break down of the charges or even saying what the total charges are!

Milliewilly

Surely he must have had notification of impending court action? Did the papers not have to be 'served' on him for the CCJ to be made?