Advice needed please re rent arrears

Rag_dolly_anna

Hello all
This is my first post, and would like any advice please.
I was renting a property with my ex partner and i deceided to leave him and the home last aug 11.I gave him and the estate agent my notice but we had both signed the aggrement till oct 11.
The LL has contacted a solicitor and is demanding i pay rent ( full amount) till nov 11 ( this is when he left the property and didnt pay rent after id gone ) The solicitor isnt asking my ex for half as they state he hasnt the money .

Can they ask me for full amount and not half ??
I am only on a low assistants wage myself and renting a new property alone.
My guess is they are not chassing him as hey dont know where he is?
Thankyou in advance

dimbo61

How long was AST for IE when did it start and when should it have finished.
If you dont pay the arrers then LL can take you too court and get default/CCJ against you.

G_M

It depends what kind of contract you had.

If your Tenancy Agreement was a single agreement with both your names, and was "joint and several" responsibility, then you are BOTH equally responsible for the rent for as long as the tenancy lasts.

If the tenancy ended in November, then both of you are responsible till November. The landlord can demand the full rent off either of you, or both of you. Usually LLs will chase the person easiest to find and/or most likely to have the money to pay.

Is this England? Wales? Scotland?
What date did the tenancy start?
What 'Term' or 'Period' was it (ie when did the fixed term end)?

Rag_dolly_anna

Thankyou for your advice
The tenency was in joint names,
Live in England,
It was for 6 months ,
Agreement ended in oct , I left in aug , He didnt get out till nov.

Rag_dolly_anna

I am willing to pay half the rent up untill the oct but they want full amount only off me till nov

G_M

Since the fixed term was till Oct, the LL can chase either or both of you for the full amount till Oct.

Since he did not leave in Oct, a monthly Periodic Tenancy was created which continued the previous tenancy. The LL can therefore chase either or both of you for the full amount till Nov.

Indeed, depending what notice your ex gave in Nov, you might both be liable for Dec as well.

The best advice is to discuss this with the LL. Be honest and explain you split up and moved out. Offer to pay half and see if the LL will agree.

Are you still in contact with your ex? Can you discuss with him and persuade him to contribute?

The other possiility is to use the fact that you gave notice in August. Did you do this in writing? Did the LL or agent respond in writing, and if so what did they say exactly?

In law, you were not in a position to give notice/end the tenancy in the middle of the fixed term, but if you reached an agreement with the LL, this might help.

Kynthia

You signed a contract to be jointly and severally liable for rent up until October 2011. During this time you cannot end the tenancy on your own and by moving out you don't end your liability. As the tenancy didn't end until your ex ended it in Nov/Dec 2011 you are both liable for full rent up until then.

If you do end up having to pay the landlord you should be able to take your ex to court for at least half. Your best bet is to negotiate with the landlord, maybe pay him half and ask him to chase your ex. Or maybe contact your ex and appeal to his sense of fairness.

The Citizens Advice Bureau is good for advice.