tenancy questions- divorce

teawithmilk

Hello, I have juat split up from my husband and have moved out. We were living in a rented house and the tenancy expires on 20th September 2013. The tenancy was just in my name so technically my husband shouldnt have been living there anyway/I was breaching tenancy agreement. He has bad credit record so would find it hard to get his own tenancy.

So, I have moved out and he is still there.

Im hoping that he will see sense and move out before 20th Sept- I have told him lease is up at start of Sept so that gives me two weeks or so breathing space to get in and clean up so I can get my bond back.

Could anyone advise What happens if he doesnt move out?

letting agency have also said I have to give 2 months notice (ie by 20th july) Do I have to legally do that?

Thanks,

RAS

ps teawith milk states elsewhere that she reside in England.

Thegirl

You would have to check your contract for full answers. If your contract says that you can only have the persons named on the contract living there then you are already in breach of contract. It may allow for immediate family. If he chooses to stay past the tenancy end then he will presumably be squatting, as he’s not a tenant, and the landlord will have start eviction proceedings. All costs of this, I imagine, will be down to you as the person on the contract
You could just ask if the tenancy could be changed into his name, should that be what he wants. The landlord may be happy to do this.
Yes you will have to give two months notice if that is what your contract says.

jamie11

teawithmilk wrote: »

letting agency have also said I have to give 2 months notice (ie by 20th july) Do I have to legally do that?

Thanks,

If you move out on or before the final day of your contract then technically you do not have to give any notice at all, it is polite to do so but not a legal requirement.

That is because you have signed a legal contract and it comes to an end when it does, giving notice to end a fixed contract is a nonsense.

If you stay into the day after your contract ends then you must give notice as laid down by statute, in your case one month which must include a complete tenancy period. Your landlord would have to give you 2 tenancy periods. That's the law and it trumps whatever is written in the contract.

jamie11

Thegirl wrote: »

You would have to check your contract for full answers. If your contract says that you can only have the persons named on the contract living there then you are already in breach of contract. It may allow for immediate family. If he chooses to stay past the tenancy end then he will presumably be squatting, as he’s not a tenant, and the landlord will have start eviction proceedings. All costs of this, I imagine, will be down to you as the person on the contract
You could just ask if the tenancy could be changed into his name, should that be what he wants. The landlord may be happy to do this.
Yes you will have to give two months notice if that is what your contract says.

Sorry Thegirl, that's completely wrong. The husband can never be a squatter.

pinkshoes

It would be advisable to give notice to the letting agent that you intend to move out, but legally you don't have to - the tenancy can just end at the end of the fixed period.

I would give them written notice stating that the property will be vacant before the end of the fixed period on 20th September 2013.

If your ex doesn't move out, then there is nothing you can do - you will be responsible for the rent and they can chase you for it.

G_M

* I assume you are stillpaying the rent? Or your ex is?
* there is no needto give ANY notice to end the tenancy when the fixed term ends, whatever the contract says. a fixed term starts on the date stated and ends.... on the date stated!.
* Given what you say about hubby's credit history, Idoubt the LL will accept him as a tenant
* Have you discussed an Early Surrender with the LL? This would save you paying rent till Sept.
* however, it wouldbe dependant on you giving the LL the vacant property back - could you pursuade hubby to leave?
* I am unsure of hubby's rights. Others might know.
a) if he is your lodger, you could evict him easily. However you have moved out so now he may be your tenant! As above- is he paying rent? To you? To the LL?
b) as a spouse, he may have a different status - someone else may know, or youmay need legaladvice.Iassume you are getting thisanyway as part of your divorce?

G_M

Thegirl wrote: »

Yes you will have to give two months notice if that is what your contract says.

Thegirl - we all make mistakes from time to time, but this is a pretty basic one.

If you are unsure of the law, refrain from giving advice, or post it as "I think...." or similar.

princeofpounds

teawithmilk...

The critical questions are these:

- Does he pay rent to inhabit the house?
- Does he pay rent to you or the LL direct?

If he has not established himself as a tenant, then you are still the named tenant. This means that you can lock him out of the property and recover occupation yourself in that manner. And I wouldn't hesitate to do so if you think he is going to dig his heels in.

If he is established as a tenant of you or the LL then it's quite a different matter.

Pinkshoes and G_M have given you some good advice. Unfortunately much of what Thegirl has written is wrong,

- the answer to this situation is not going to be contained in your contract
- being in 'breach of contract' is not in itself a problem. It's not a state of original sin. What matters is how you are breaching your contract and the consequences of the breach.
- all extra costs incurred do not necessarily fall to you; they may, but it depends on the situation.
- you do not need legally to give notice no matter what the contract says if you terminate the tenancy at the end of a fixed term. Though it's fair to inform the LL of your intentions of course.

EDIT: I accidentally attached the below quote when I first posted!!!

You would have to check your contract for full answers. If your contract says that you can only have the persons named on the contract living there then you are already in breach of contract. It may allow for immediate family. If he chooses to stay past the tenancy end then he will presumably be squatting, as he’s not a tenant, and the landlord will have start eviction proceedings. All costs of this, I imagine, will be down to you as the person on the contract
You could just ask if the tenancy could be changed into his name, should that be what he wants. The landlord may be happy to do this.
Yes you will have to give two months notice if that is what your contract says.

jamie11

princeofpounds wrote: »

If he chooses to stay past the tenancy end then he will presumably be squatting,

I disagree . If he has lived in the house as an invited party during this tenancy then he cannot be a squatter, excluded occupier? maybe, but even that is debatable. He does not go from one to the other simply because they are divorcing.

RAS

princeofpounds wrote: »

Yes you will have to give two months notice if that is what your contract says.

To end a fixed term tenancy in England???????????????