Savings when seperating- scared I will lose it all

Errata

I believe (but please check with a professional) that you should ask the LA to issue a section 21 against your OH. They can then get him legally evicted if it becomes necessary.

The OH isn't a tenant.

triple_choc_chip

RAS wrote: »

Have you set up mail re-direct?

The problems with the situation is that the only ways you can terminate your tenancy are

1. To provide vacant possession at the end of the fixed term. Which requires ex to move out. NOTE: you are not required to give any notice to leave at the end of a fixed term, as long as you are out by 11.59pm on the last day.

2. To give notice that you are leaving; which means you have to be able to provide vacant possession and requires ex to move out. If he does not then you will be charged the penalty rent (double the normal).

So you need to be pro-active.

Either nudge ex enough to get him to seek the tenancy (which requires that the LL gives you two months' notice so has to be done early in the New Year and waiting for the LL is dangerous).

Or ask the LL to kindly serve you notice so that ex can start the process of taking the tenancy over. The LL may be glad for a new let with little work to do.

If you wait until the LL writes to you you are almost certainly going to find it is too late for the LL to let ex take over the tenancy in March.

Here it is for you again.

Angry_Bear

Errata wrote: »

The OH isn't a tenant.

Yes, that's the point. TWM is responsilbe for delivering the house with "vacant posession" to the LA - so she should be very careful about giving notice if she doesn't have a plan for getting him out!

neneromanova

Your brother coming over could really help you out. I would go over to your ex, and say the lease is ending dd/mm/yyy and that he needs to be out by then as you have informed the LA about this (You NEED to inform them of this or this will keep dragging on)

I remember you saying that all of DD's stuff is there too as you could only take little bits? Why not take all her stuff there and then while your brother is there for moral support.

If he says get out of "his" house, just remind him that the house is in your name so it is still your house.

Failing that, get hold of the keys while he is out and lock him out when he is out and not let him back in.

teawithmilk

I have just texted him this morning. I always try and be polite and to the point in my texts as he can get very sarcastic about them. All I said in the text was could he please let me know what his intentions were regarding the lease.

Here what he said in reply. I'm going to repeat it word for word so you can see exactly how difficult to deal with he is:

"what am I supposed to do about the lease? I asked you to make it a year not six months. Dont see what skin it is off your nose to just keep it going. Especially as X (my DD) is happy coming here and it is convenient. But if you are just determined to see me kicked out of here and have to struggle to find somewhere else then fine!"

So I replied:

The Agency only agreed a six month lease. Why dont you just contact the Agency and see if they will transfer it into your name. You have a permanent job and income. It shouldnt be impossible to arrange. I am currently breaking the tenancy agreement and it IS a hassle for me to deal with house inspections etc.

then he replied (which i have not answered yet)

"its no point trying to deal sensibly with places like that. You know what they are like. Computer says no. They will do credit checks etc good job or not. They will also maybe insist on a formal end to your tenancy which could mean having to empty the house and deal with deposits etc"

so the penny has finally dropped with him.

How should i reply? Im going to get DD shortly. i cant even be bothered trying to talk to him face to face.

Errata

How should i reply?

I will NOT renew the tenancy. It ends on xxxxx date.

Mojisola

Errata wrote: »

I will NOT renew the tenancy. It ends on xxxxx date.

And you need to get the locks changed when he's out and his possessions packed up so that you can hand the flat back with vacant possession.

paulineb_2

teawithmilk wrote: »

I have just texted him this morning. I always try and be polite and to the point in my texts as he can get very sarcastic about them. All I said in the text was could he please let me know what his intentions were regarding the lease.

Here what he said in reply. I'm going to repeat it word for word so you can see exactly how difficult to deal with he is:

"what am I supposed to do about the lease? I asked you to make it a year not six months. Dont see what skin it is off your nose to just keep it going. Especially as X (my DD) is happy coming here and it is convenient. But if you are just determined to see me kicked out of here and have to struggle to find somewhere else then fine!"

So I replied:

The Agency only agreed a six month lease. Why dont you just contact the Agency and see if they will transfer it into your name. You have a permanent job and income. It shouldnt be impossible to arrange. I am currently breaking the tenancy agreement and it IS a hassle for me to deal with house inspections etc.

then he replied (which i have not answered yet)

"its no point trying to deal sensibly with places like that. You know what they are like. Computer says no. They will do credit checks etc good job or not. They will also maybe insist on a formal end to your tenancy which could mean having to empty the house and deal with deposits etc"

so the penny has finally dropped with him.

How should i reply? Im going to get DD shortly. i cant even be bothered trying to talk to him face to face.

You reply no, you arent extending the lease. So if hes saying computer says no, on his own head be it and if hes not got good credit, tough.

Whats going to happen in 6 months time when he has to get out of the lease and the next 6 months and the next

You arent responsible for him, if he ends up struggling to find somewhere else, not your problem.

You are divorced, you should not be dealing with all of this stress, get the ties cut with this lease and then leave him to his own devices.

Hes an adult, hes perfectly capable of finding somewhere else to stay, dont spend any more of your life being bullied and having to feel that you are clearing up his mess.

teawithmilk

I will wait until I have picked DD up safely before the SHTF. I told you he is difficult to deal with. He is a very intelligent man but he seems to be just thinking I am doing this to punish him somehow. I think he is so clueless sometimes. He thinks the whole world is against him and has a really bad opinion of anyone or anything that he sees as in authority (eg the letting agency)

Whatever his opinion of them he has to grow up and realise that this is a legal agreement!

This is the man who has refused to talk to me, told me to get out of "his" house and told me he cant stand the sight of me...yet he thinks i will just continue renewing the lease on his behalf and being dishonest with the agency and the landlord ad infinitum. I could have lied and told him the landlord wanted the house back to sell but I'm sick of telling lies and being underhand just to protect myself.

He has know that the lease has only been for 6 months since September! He was angry with me then that I didnt get a 12 month lease for him. But I just did it in the hope that he would wake up and get himself on his feet.

Ive got to stop being responsible for this man. But I can only do that once i have cut all ties with him regarding this house. It WOULD be the most sensible and convenient option for him to try and take on a lease so then he wouldnt need to move. But HE needs to do that not me! Its so frustrating. I knew this would happen which is why i have been procrastinating all these months.

tesuhoha

Maybe you should reply 'Frankly my dear, I don't give a damn.'