Is my Ex girlfriend liable for her half of the rent ?

dancingfairy

He could take a punt with the small claims court but perhaps she bought the food, or paid the council tax or paid some other bills?
I agree with Gorgeous George. I'm not saying it's fair but he paid the rent up front so the landlord will be happy so it's between them to sort it out and it's sadly the kind of thing that happens when relationships break up
df

Incyder

This could all get very petty and nasty even. Much of your desire to get your money is probably being motivated by hate of her. I've been there.
She says this, you say that, her parents get involved etc
If she is gone then all you need do now is remove her from your brain and you can move on.
A war in a small claim court won't help anyone. You may lose and be made to feel even lower.
What if she makes up stories of you hitting her, forcing her to have sex ? .......and thats why I fled your Honour....blub blub

Get ready for those type of lies to be thrown at you. Try proving you didn't.

Learn from this and don't get in the same position again. Also never get a joint bank account in the future, keep all finances private and separate. Good luck in whatever you decide to do.

simonwim

Thanks again all, its a LOT (£3500) of money and certainly not "hate" related!
I sold my old house, left my job,my friends, moved 300 miles to move in with her and found her to not be faithfull.

The year previous to this we were in exactly the same house, same rent etc and we DID each pay half the rent into a joint account and the estate agent took the money each month. All the bills, council tax, food etc was 50/50 split through a jont acount that we both put money in every month and worked very well.

climbgirl

I would definitely try telling her you are taking her to small claims court for her share (use a formal letter to show you're serious).

Legally, I don't think you have a lot of recourse as you have paid the full amount you are contracted to pay - there is no contract between you and your girlfriend to pay you back (not one you can prove anyway).

But threatening to take her to small claims may just call her bluff and get her to repay. I'd certainly do it, especially as the relationship seems to have ended.

poppysarah

Either go small claims route or just shrug and accept it.

Don't beat yourself up over it. She's clearly not worth it.

princeofpounds

You do not have a contract with your ex-girlfriend.

She could claim that she gave you cash for her share - or even for all of it - and make a counterclaim.

Contracts are not just established in writing, but can also be established through a combination of actions and intent (which is pretty much how verbal contracts have to be evidenced).

If ex paid half the rent in a particular method for a period of time then that shows both. The OP would need to evidence how and when he and the ex paid together, and then what happened when the ex moved out.

The standard of proof in a civil action is on the balance of evidence, not beyond reasonable doubt. There are no certainties but I would think the OP does have a case.

simonwim

Thanks for the info, someone else wrote the following to me in another group which i kind think sums it up.

"The fact that they signed a joint agreement that tied them *both* to a 12 month contract. Which, regardless of the details or timing of the money transfers would strongly suggest that she knowingly and intentionally committed herself to paying half the rent for the full contract period (12 months).

If I sign a 12 month lease but change my mind for *any* reason about living in the property after 9 months, I will still have to pay the rent for the time remaining on the lease unless I can re-negotiate the
lease. I suggest that any co-leasee would be similarly obligated.

You don't get out of paying the rent by simply moving out of the property before the lease
expires, any more than you can get out of paying the monthly line rental on a 12 month mobile phone contract by switching off the phone and not using it."

Incyder

The problem is, the rent has been paid. She has done a runner but all rent is paid up, by you.

princeofpounds

To clarify again, the Tenancy contract is only tangentially relevant to the whole situation. There is no question that you are jointly and severably liable for the rent. If not paid, the LL is free to chase either or both of you. But the rent was paid.

What matters is the implicit (and presumably also verbal) contract between you and your ex. This is separate. So whilst your friend on the other forum is summing something up nicely, it's not actually what matters to you. Her behaviour in signing the tenancy and paying her contribution for a time before defaulting is they key to establishing the presence of an implicit contract.

PasturesNew

You have a case. However, winning is all about evidence. If you have sufficient evidence that you paid the 12 months from your own money - and that she promised to pay that rent back (in writing is perfect) and if you can prove all the payments she has made and show all those missed payments, then you have the chance of winning.

If it's just "then she said ... so I said .... and then she said ... so we .... and then ...." verbally, then it's not worth your while pursuing it probably.

Evidence. Proof. Documentation. Dates. Signatures.

What've you got?