PLEASE HELP - Early Termination of a Dual Tennancy Agreement!

Worried_Tennant

jowo, im not saying in any way that i expect the landlord to take the hit, if you refer back to any of my correspondence it doesn’t say that.

Im fully aware of the legally binding agreement hence the reason im not just leaving him to deal with the problem.

I don’t appreciate your tone if im honest. I have done everything possible to limit any cost to him by paying for re-listing costs with the agency and agreed to forfeit my £925 bond. My intention by posting this thread in the first place is to seek every possible piece of advice that I can to resolve a very unsettling and difficult situation that I have been placed in.

My relationship “failed” as you put it because my mother had a very nasty accident and is now disabled, my father and her are divorced and my sister and brother live overseas. Explaining the urgent need for me to take care of my mother otherwise she will end up in a home to my ex partner she did not understand and basically told me to let my mother go to a home????!!!

Thanks for your advice and opinion up until this point but can I ask you to cease communicating with me on this matter please.

BitterAndTwisted

There was no particular "tone" in Jowo's post as far as I can see, he just stated the bald facts. Part of the issue is that I believe that he is a landlord and we get any number of tenants on this forum trying to weasel out of or trying to find a loopholes in legally-binding agreements where there are none. Anyone reading of your predicament can appreciate the very difficult situation you now find yourself in and advice has been offered as to what options are available to you. That you don't like any of them isn't any-one's fault.

In your position I would go with your landlord's Option 2 so at least then you will know there's a finite sum you will need to cover.

Cissi

Worried_Tennant wrote: »

jowo, im not saying in any way that i expect the landlord to take the hit, if you refer back to any of my correspondence it doesn’t say that.

Im fully aware of the legally binding agreement hence the reason im not just leaving him to deal with the problem.

I don’t appreciate your tone if im honest. I have done everything possible to limit any cost to him by paying for re-listing costs with the agency and agreed to forfeit my £925 bond. My intention by posting this thread in the first place is to seek every possible piece of advice that I can to resolve a very unsettling and difficult situation that I have been placed in.

My relationship “failed” as you put it because my mother had a very nasty accident and is now disabled, my father and her are divorced and my sister and brother live overseas. Explaining the urgent need for me to take care of my mother otherwise she will end up in a home to my ex partner she did not understand and basically told me to let my mother go to a home????!!!

Thanks for your advice and opinion up until this point but can I ask you to cease communicating with me on this matter please.

I feel for you and your situation but I think you're being really unfair to someone who was trying to help you. Unfortunately, the solution that you were hoping for probably doesn't exist. Legally, your mother's situation etc etc is completely irrelevant - you are liable for the full rent for the duration of your contract, or until a new tenant can be found, it's as simple as that. Yes, it seems unfair that your partner doesn't pay her share, but you did sign a joint tenancy agreement and that's what this means (although as has been said you can pursue her for her share, but possibly with limited success).

While I'm sure that everyone who reads your story will feel for your situation, this isn't a forum for emotional support, but one that deals specifically with the practical issues of renting and buying/selling houses. You came here asking for advice, and that is what you got. I can understand how your frustration makes you want to lash out at people, but it won't get you anywhere.

I hope that you can find a new tenant quickly. Options 2 and 3 may be worth pursuing.

pingu2209

You must have a huge amount of stress at the moment. I feel for you. You are stuffed legally, the full rent has to be paid.

I would write to my ex partner asap simply explaining the options and the limited time in which to make a decision. Explain in the letter that she is joinly liable for the rent and that you will be taking her to court for half of what ever money you pay out for the property. Explain that going to court will seriously affect her credit rating (I would send a copy of your letter to her parents who have bought her a flat as they are likely to understand the severity of a poor credit rating).

Say in the letter that you are being 'reasonable' in giving her say in the choice taken but she has to come back by X date.

Make sure the letter is factual and not emotional in any way.

If she doesn't come back I would personally cut my losses and walk away, albeit £3,700 (plus costs) worse off.

I would then go to court to get half of the costs back from your partner. It will cost you money but at least you are not fighting on two fronts because any issues with your landlord will be completed. All you will be fighting is to get money back.

Personally I just couldn't let my ex get away with it.

Worried_Tennant

BitterAndTwisted for the record im a landlord myself i have property that i rent out also, Jowo im sorry i snapped im just so worried about this situation,. I just spoke to that winged spawn of satan ex partner of mine and she is laughing down the phone at me saying she is filling for bankruptcy and that she doesnt care if the landlord comes after her.

in a nut shell i need to speak to my landlord explain the circumstances and ask for his help on this he can keep my bond and i will pay what i can afford.

Im not looking for a loop hole in the sense of i want to financially disadvantage my landlord but i just need the "rub of the green"

Fire_Fox

Worried_Tennant wrote: »

so basically im stuffed unless i get another tennant or the landlord agrees to let me out of this agreement.?

Worried_Tennant wrote: »

yeah thats not the issues i have the money to be comfortbale etc its this tennant agreement that im desperate to break you know

Worried_Tennant wrote: »

in a nut shell i need to speak to my landlord explain the circumstances and ask for his help on this he can keep my bond and i will pay what i can afford.

Your posts are completely confusing, can you afford the full rent or can you not afford it?? Your ex can go as bankrupt as she likes, that won't happen overnight so chances are it is an idle threat to stop you chasing her. If she does go bankrupt then she won't be allowed to have put her assets in her parents name so report her. Keep a full record of everything you pay on this tenancy from now on, get receipts from the landlord that YOU have paid and take her to the small claims court for her half. The important thing is you have her forwarding address, so be a little cunning about finding out where this flat is that her parents are buying.

Worried_Tennant

The full rent is £925 this i cannot afford a month on my own, my affordiability is my half which is £462.50 which i can afford to pay for as long as i need to pay it.

I know where she is going to be moving and i know how to get hold of her from a work perspective and i also know she would be devistated if i involved her place of work so i always have that trump card.

Jowo_2

I was planning to butt out of this thread as requested.

However, I've decided to butt back in because it is not appropriate for the OP to involve the parents or employer of the debtor in the contract which is only and legally between him, the ex, the landlord and the guarantor.

Any action above this can be construed as harassment and I have heard of a case where a claimant had to pay compensation to the defendent for this type of humiliating activity.

You may find that your landlord is willing to take legal action against the other tenant for the missing rent but they don't have to because the OP is jointly liable.

The time to involve employers is after a CCJ by returning back to court and requesting an attachment of earnings to enforce the judgement. Cunning defendents will simply switch jobs to evade the salary deductions. You can send in the bailiffs to the property, though a cunning defendent will simply say the goods in the property are owned by someone else, such as the landlord...

Worried_Tennant

what does OP mean?

Jowo_2

Worried_Tennant wrote: »

what does OP mean?

sorry, it means you - the original poster or the original post.