Remove please

Top_Kat

Remove please

[Deleted User]

How long was the tenancy agreement for?

As for not being allowed to have two tenancy agreement, at the same time, that's a new one on me :huh:

What happens if you have work at both ends of the country, say like an MP?

JuicyJesus

You're more than allowed to have two tenancies at once. Whether an agent/landlord would take you on if you had another tenancy running at the same time is another matter. They have no way of checking, however, so unless you told them there is little they can do.

While you may have considered the original tenancy to have lapsed, the fact your name was never removed from it (regardless of whose fault this was) means you are jointly liable with your ex for any rent, whether you are living in the property or not or regardless of who exactly failed to pay the rent. While I sympathise with your circumstances, on this point you cannot really contest the CCJ, and you owe the unpaid rent as much as your ex does.

The only real good news is your current tenancy is legally binding, so you cannot be booted out due to this.

[Deleted User]

Did you inform the Council you had left?

PsiDOC

I have been in a similar situation myself. Mine over a mobile phone bill of £500 that I didn't know existed. Serves me right for being so trusting with an ex.
Problem is you are responsible as well as your ex as your name was on the tenancy as well as his.
Could you not try to negotiate with the council that half the debt is his and then settle your half? I appreciate it's not an ideal but it's a bit of damage limitation.
Psi

pauletruth

it maybe grounds to have the ccj removed.
you were abused and had to leave. the landlord knew this. you should have proof of this,

it would be unreasonable for the council to expect you to remain as a tenant with an abusive ex partner.

once you had been forced out the tenancy should have either stopped or been changed to his name only.

its worth appealing/complaining to the chief housing officer followed by a complaint to the chief exec. point out that there handling is adding to your abuse.

JuicyJesus

Top_Kat wrote: »

I have tried to remove myself from that lease several times but the council said we had both sign the papers and be there at the same time. Lets just say that X wasn't cooperating.

How many people did it take to end the tenancy completely? I was in much the same scenario and I was able to give 30 days' notice of the end of my periodic tenancy alone.

pauletruth wrote: »

its worth appealing/complaining to the chief housing officer followed by a complaint to the chief exec. point out that there handling is adding to your abuse.

The problem is the CCJ wasn't added by the council, it was added by a court and is a matter of public record. As such there is no way that the council could order it removed, and as it is a matter of factual record it is extremely unlikely the court would.

ALIBOBSY

Not decades, the CCJ would drop off your credit file after 6 years, but the debt still exists. In theory a debtor can go back to court to enforce the CCJ after this period and can ask for it to be re added to the credit file but in practice they don't. For one thing a judge would expect compelling reasons as to why the CCJ/debt wasn't pursued in the period.

TBH the more worrying thing is that the council or any debt collector they sell the matter onto may well try to enforce the CCJ against you, as it sounds like your ex will be a dead end for them.

Your best bet may be as the other poster said to pursue the matter with the council, then if you can get the council to admit you should have been removed from the tenancy earlier (surely it is completely unreasonable to expect someone who has been abused to sit in the same room as the abuser to sign a form!!!). My ex was violent and we were able to sign divorce, bank and mortgage forms separately for obvious reasons. I was able to let the council know I had moved out for council tax reasons without him being there.

If you have this info in writing you can then apply to the court for a set aside.

Or sit for the 6 years and hope no debt collectors or baliffs are called in. Hope it gets sorted soon, I know what its like you just want to get away from them and never have to think about them again. Even after a second marriage to a lovely man and my wonderful kids and almost 18 years I still feel sick when I think of my ex. I also understand just letting things go at the time you left, I walked away from tens of thousands in equity, and had to clear a lot of joint credit cards he dumped on me and struggle along with a rotten credit rating for years just to get rid.

Good luck, whatever happens its STILL the best move you ever made leaving him and I thank god everyday since I made the decision.

Ali x