PLEASE HELP - Early Termination of a Dual Tennancy Agreement!

Worried_Tennant

Also i wasnt looking to involve her employer i was simply suggesting that i know where she works should i need to get hold of her ?

Worried_Tennant

jowo im sorry for snapping by the way

Fire_Fox

Worried_Tennant wrote: »

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.

You need your ex's forwarding (residential) address, you can NOT take her to the small claims court using a work address and you can NOT harass her at her workplace over any debts. Be very careful to do everything by the book, do NOT involve her parents and do NOT involve her boss.

Worried_Tennant

im going to go to the property this evening to try and mediate and get some clarity on my position and also seek her position etc .....wish me luck

Jowo_2

Worried_Tennant wrote: »

Also i wasnt looking to involve her employer i was simply suggesting that i know where she works should i need to get hold of her ?

There are tenant tracing companies where debtors can be tracked because small claims court action requires a residential address for the papers. She may have a future property put into her parents name but will invariably notify her employer, bank, mobile phone provider of her new address so they'll track her that way for a small fee.

Unless she is a cunning defendent and arranges for her post to go somewhere else or changes her name/mobile/bank...

There are some people out there who routinely rack up debts and are never made to account for any of the losses. You are very welcome to use the legal route to address the financial exploitation of your ex but some people simply know how to prevent themselves from either being found or paying if they are found.

Worried_Tennant

all her post goes to her parents address

Jowo_2

Worried_Tennant wrote: »

all her post goes to her parents address

is this where she is currently living? if so this is the place to serve the claim which you can do through Moneyclaim online if the abitration you plan tonight does not work and you end up paying her share of the rent to the landlord and decide to claim it back this way.

or have they already purchased her a new pad or she's living elsewhere in rented accommodation?

does she just direct her post to her parents property as an interim step because she's moving out of your jointly shared rental place?

because if she is living somewhere else but having her post directed for collection somewhere different, this could show she's pretty shrewd when it comes to evading her liabilities and frustrating its enforcement by ensuring there's no relationship between where she lives and any service providers.

does she have a history of debts and poor money management because she doesn't sound particularly naive about how she can get around her contractual/financial responsibilities?!

EDIT: but if all her bills are going to a particular address, it could be hard to deny that they live there? anyone know how this works, how a claimant can prove a debtors address to satisfy the court summons or how a defendent can claim that they don't live in a property where all their bills go?

Manual_Reversion

Worried_Tennant wrote: »

3) The tenancy will continue to work as it is but an agreed reduction in the rental price from what im paying to what the new tenant will pay I will met for the full term of the contract i.e if im paying £925 and a new tenant is found for £800 the I need to pay the remaining term of the contract for £125 for the months left on the agreement.

This sounds like the fairest option to me, with a few caveats.

Firstly, that your tenancy terminates when the new tenants sign their agreement. You sign a contract with the landlord to pay him the difference in rent up until the end of your tenancy. New tenants should be found pretty quickly if it's marketed at £800 for a market rate of £925. You pay £125 per month for whatever's left of your tenancy.

Secondly, you pay all landlord's fees associated with finding new tenants.

Thirdly, you are entitled to your deposit back subject to dilapidations.

Hope this helps.

Jowo_2

Have you checked whether your AST contains a break clause? Some 12 month contracts do whereby the tenant or landlord can issue notice halfway through the contract? However, some will simply be a 12 month fixed term contract without this clause.

Worried_Tennant

Yeah im going to the property after work today to check this kind of stuff in terms of termination etc so will see how i get on.

Thanks everyone