Forced out of joint tenancy property, domestic abuse

Fire_Fox

This is the 'House Buying, Renting & Selling' board - issues with theft, damage to personal property, joint financial products other than mortgage and secured loans, funding of holidays are not within the remit. It's really difficult to read walls of text and pick out the issues that relate to our knowledge base, please try to make your posts more relevant and clearer. Read the terms and conditions from your bank relating to your joint account.

You are not handing your notice in because you are within the fixed term, you are ASKING your landlord to accept early surrender of the tenancy. How do you 'know' ending the tenancy does not require the co-operation of both parties, where did you get that from?

zzzLazyDaisy

Re the joint account:

One joint account holder cannot remove their name from the joint account without the other account holder's permission. As long as your name stays on the joint account, you are 'jointly and severally' liable. This means you are both equally liable for the whole amount. The practical result is that she could run up a huge overdraft and the bank could/would chase you for the whole amount, if you were the easier target.

However, as a joint account holder you can close the account down without her permission provided it is not in overdraft.

As it is, that joint account is an easy access to money for her. What if she spends the rent money? Or runs up a huge overdraft? With fees and charges that you will also be jointly and severally liable.

In your shoes I would close that account immediately, even if it means restoring it to credit to do so. Then make alternative arrangements to pay the rent (bearing in mind that you are also jointly and severally liable for the rent, and if she stops paying, you will have to pay it all, or accept that your credit record will be trashed).

Put principles to one side for the moment, this is about damage limitation and stopping things getting worse - for you. Don't look to the law to help you in this, as the chances are you will get nowhere. You need to draw a line under your joint financial arrangements, and fast.

rpc

You can also place a restriction on the joint account to require both of you to agree to any withdrawls. This would let it continue beign used for DDs, but not let your ex take money out.

Best thing to do is close it asap and make other arrangements for payments.

Consider any money that is "owed" as lost and cheap at twice the price for getting well rid.

mcdonger

Sorry for posting all of my queries in this section of the forum, it didn't really occur to me to start another thread in one of the other sections as it all stemmed from the same issue but I certainly see what you mean.

When I said handing in the notice, I didn't mean that I would be telling the landlord we were terminating the tenancy, I meant that I would be giving notice that I wish to terminate the tenancy, I understand it is up to him one way or another.

From searching around on the internet, I was able to some other threads/articles relating to UK law / landlords that a tenancy can only continue while all joint tenants want it to unless there is a specific provision within the tenancy agreement which I could not find. I also found information that all tenants are treated under a 'All Tenants are One' rule meaning that any single tenant can issue a Notice to Quit. The information I found with regard to this is a little murky with some saying this only applies after the initial tenancy period has ended, but others saying it applies at any time. I would think that in a situation such as this, it would apply though I understand I may be wrong on this point and if you have any other guidance on this matter, it would be much appreciated.

Edit: Sorry, posted after 2 other updates.

Joint account / bills: In respect of closing the joint account down myself, all of the bills for the property are in my ex-partners name, aside from the rent. I'm sure I could find some other arrangement for the rental payments, but if I was to just close down the joint account, what would happen with the direct debits?

Fire_Fox

A single tenant can serve the notice to quit on behalf of all tenants, but you will not be serving notice to quit (only possible outside the fixed term/ in a statutory periodic tenancy) you are asking to SURRENDER the tenancy whilst in the fixed term. I suspect the surrender will only take effect once all occupants vacate the property.

Certainly if the landlord serves a section 21 or 8 notice to quit this only ends the contract when the tenants vacate or are evicted by the courts, whichever becomes first. Maybe clarify the position on surrendering tenancies with Shelter.

I also think you need to set aside your annoyance/ wish to get revenge for all the personal and financial issues and focus on ending this tenancy and ending your liability for bills. If you try chasing your partner for the money you think she owes you for the holiday or throwing your weight around with her house guests she will likely try even harder to screw you over.

RAS

Hi

You are not handing in your notice. you are asking the landlord to allow you to terminate your rental early.

You will be incredibly lucky if he agrees. With you on the rental agreement he has someone he can chase for the unpaid rent until the end of the fixed term. He can also take the whole of the deposist and chase you through the courts for the damage your GF has done. Why would he give up that income source and rely on someone who is evidently deeply risky in terms of payment and behaviour?

and you have not answered the question posed earlier.

When is the fixed term finish?

Is there any break clause in the contract?

zzzLazyDaisy

mcdonger wrote: »

if I was to just close down the joint account, what would happen with the direct debits?

You would need to make alternative arrangements for DD's for payments for which you are responsible. So you would notify the bank that you wish to cease all DD's when closing the joint account. You would then arrange to set up new DD's on an account in your name (this may mean that you need to make a payment by debit card, or some other means, during the handover process, in order not to miss a payment).

She would need to do the same, but that's not really your problem.

mcdonger

The fixed term of the tenancy ends in June 2013; as for break clauses, I need to go over the tenancy document again later this evening when I am home and I will update accordingly.

From where I'm standing based on the various replies, it basically seems that she has me over a barrel. She has verbally & physically abused me (and still gives me verbal abuse on a daily basis), damaged my property, 'forced' me out of my home, used joint money for her own expenditure, gets half of her rent paid for her every month and my all I can do is close the joint account and hope the landlord isnt heartless enough to force me to continue paying for her for the next 7 months. Seems like shes come off pretty well from the whole situation; I wish I had pressed charges when the police asked me... Left feeling like I've been taken for a total mug and she's laughing all the way to the bank.

Certainly learnt my lesson not to trust anyone with anything in the future and will be keeping everything in my sole name wherever possible from here on.

Thank you all for your continued support/advice.

Gordon_Hose

I wouldn't let it affect your trust of others. Just now you have some valuable experience to prevent it happening again

You should get straight onto the bank though. Open up an account in your name, close the joint account, transfer your DD's. At least that way you're not going to get stung for her mismanagement of the account.

Then get onto the LL/Agent about your tenancy. Explain the situation briefly, try not to let your emotions take over the conversation, and go from there. Get anything they agree to in writing and follow up with a letter from yourself.

RAS

Exactly what date in June? It matters.

And if there is a 6 month break clause you may now be too late to implement it depending on the date in June.

Ring the agency now if you think the end date is after June 3