Joint Tenancy - Relationship ending

supersaverkerry

I have just split with my partner and we are 2 months into a 6 month tenancy.

We have a 2 bedroom house and are both on the tenancy.

The split is not exactly mutual, he wants to work on things but I just can not do it anymore, although I accept I have contributed to the breakdown too.

He now wants me to leave.

I am due to start college in 6 days and a new job in 2 weeks, I am not currently working due to illness which has now passed hence me getting back to work and college.

My family are willing to lend me the money I need to cover half of everything ( previously he paid 2/3 and I paid 1/3 as he has 4 times as much money as me each month ) and I can pay them back when I start my new job so finances are not an issue I do not expect him to support me in any way.

Does he have the right to kick me out? He says he does because it is him who has been paying the rent thus far - this is true in that rather than me paying 1/3 of the rent as agreed the money is spent elsewhere, ie I paid sky, shopping etc...

I do not want to stay with him, but I just can not move out right now, I have nowhere to go and he is giving me 1 week to leave.

I have no idea what my rights are, my friend says as a joint tenant I can stay until the end of the tenancy and he can not kick me out.

I could move into the 2nd room, everything could be split 50/50 and of course I would start looking for somewhere else to go asap, but I am really worried that if I force this and say no Im not going I will come home one day and find he has locked me out - do I then have any rights to enter the property ?

Sorry I have waffled a bit !!!

Kynthia

A few things to note. You are both joint tenants and both completely responsible for the rent, how you divide it between you is up to you. Neither one of you can be removed from the lease agreement unless all tenants and the LL agree to amend or end the lease. One tenant can give notice to end the tenancy for the end of the first rental period after the fixed term.

As you are on the lease then you have a right to live there. However do you want to live there with your ex and can you afford it? It might be best that you get your ex to agree to live there and pay all the rent, but get it in writing. Whoever moves out will need to pay rent elsewhere so something needs to be arranged. Perhaps whoever stays in the property should get a lodger to cover the other's rent.

supersaverkerry

Kynthia wrote: »

A few things to note. You are both joint tenants and both completely responsible for the rent, how you divide it between you is up to you. Neither one of you can be removed from the lease agreement unless all tenants and the LL agree to amend or end the lease. One tenant can give notice to end the tenancy for the end of the first rental period after the fixed term.

As you are on the lease then you have a right to live there. However do you want to live there with your ex and can you afford it? It might be best that you get your ex to agree to live there and pay all the rent, but get it in writing. Whoever moves out will need to pay rent elsewhere so something needs to be arranged. Perhaps whoever stays in the property should get a lodger to cover the other's rent.

No I do not want to live here, and he is happy to carry on the tenancy and pay everything if I leave.

I do want to leave but giving me 7 days to get out and find somewhere new is not realistic.

He can afford to support the house on his own so that is not a problem.

I can afford it, my new job is full time with an income of £800 per month, the rent here is £595 so paying half of that with bills on top is manageable.

My friend is looking for a property in our area and has said she would be happy to share a 2 bed property with me, but it just a case of finding somewhere ( and she has just given notice so will be moving on 1st Oct and not before ) then I am more than happy to go, but he is telling me I have 7 days to leave thats it.

So really all I need in another month here but I am being told no that is not acceptable I must leave within 7 days.

thegirlintheattic

Are you both listed as joint tenants on the tenancy agreement?

If you are he cannot force you out without a court order. If your not he can force you to leave.

I personally would not antagonise the situation and find somewhere (friends? family?) to stay as a stop-gap but make it clear if you are being forced out you are not going to pay rent to him. This isn't supported legally but he'll probably be glad to be rid.

ragecake

He can't force you to leave at all, so dont worry.

Try to find somewhere to rest your head, and protect your stuff.

Im in the same position myself, only at least me and my ex are still on kinda friendly terms, so I could get somewhere to live.

G_M

As said, if you are a joint tenant then you have the right to stay/live there, but also you have obligations.

So no, he canot (legally!) kick you out.

However, if/when you leave you will still (legally) be a joint tenant and can still be chased by the Landlord for any unpaid rent or damage. So it is important to get yourself off the tenancy agreement.

This depends
a) on the type of tenancy - fixed term? start/end date? or periodic (eg monthly)? and
b) on relations with the LL. Some will be sympathetic/flexible, others might not. The ideal solution is an amicable arrangement reached between you, your ex, and the LL